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HomeMy WebLinkAbout03-09-2015 Council Packet COUNCIL MEETING Agenda for Council Meeting Set for Monday,March 9,2015,7:00 P.M. Orono Council Chambers, 2780 Kelley Parkway,Orono,MN 55356 MAR 0 9 2015 - 952-249-4600/www.ci.orono.mn.us The public is invited to address the Council regarding any item on the regular agenda when it comes up for discussion. If your topic is not on the agenda, you may speak during the Public Comments section. Roll Call Pledge of Allegiance Approval of Agenda 1. Consent Agenda—Consent agenda items, including(*)asterisk items,are considered to be routine items to be enacted upon by one motion by the City Council under this section of the agenda. Items on the Consent Agenda are reviewed in total by the City Council and may be approved through one motion with no further discussion by the Council. Any item may be removed by any Council Member, staff member or person from the public for separate consideration. If you wish to remove any item from the Consent Agenda,please state the item number and description of the item. Memos regarding each of the Agenda items are available in the Public Packet located in the lobby near the sign in sheet. Approval of Minutes 2. Council Work Session of February 23, 2015 * 3. Regular Council Meeting of February 23, 2015 * LMCD Report—Gabriel Jabbour, Representative Planning Commission Comments—Christopher McGrann, Representative Presentations 4. Boy Scout Bridge, Hennepin County Engineer James Archer 5. Navarre Banner Design, Joan Wolfe 6. Long Lake Fire Department, Fire Chief James Van Eyll Public Comments—(Limit 5 Minutes Per Person) This is an opporlunity for the public to address matters not on the agenda. The council will not engage in discussion or take action on items presented at this time. However,the council may refer issues to staff for follow up or consideration at a future meeting. Speakers should state their name and home address at the podium before speaking. Planning Department Report 7. 13-3623 Lin Yan/City of Orono - 1330 Cherry Place- Corrected Resolution 8. 14-3685 Willi Abbott—o/b/o—The Broadway Group LLC 9. 14-3687 Real Assets II, LLC 3720—3730—Northern Ave.—Plat of Northern Oaks 10. 15-3717 Paul Cameron/Chamberlain Capital LLC - 1340 Fox Street—Setback Variance 11. 14-3700 City of Orono—Amend Zoning Code—Amend Section 78-1379: Wind Energy Conversion Systems (WECS) First Review 12. 15-3708 City of Orono—Amend Zoning Code Section 78-1405 (a)(8)—Standards for Fences as a Non-Encroachment 8:00 P.M.—HRA Annual Meeting Agenda for Council Meeting Set for Monday,9,2015, 7:00 P.M. Orono Council Chambers,2780 Kelley Parkway, Orono,MN 55356 952-249-4600/www.ci.orono.mn.us Public Works Director/City Engineer's Report 13. Watertown Road and Stubbs Bay Road 14. Baldur Park Engineering Services 15. Navarre Street Light and Sidewalk Project-Pay Request No.S 16. 2014 Sanitary Sewer Rehabilitation&Manhole Lining—Pay Request No. 1 17. Cygnet and Chevy Chase Park Status 18. Parks Commission Vice Chair 19. Golf Course Employee Hire Mayor/Council Report City Administrator's Report 20. Request for Proposals (RFP) for Compensation Study 21. Orono Police Gazage—Pay Request No. 6 22. Accept Donation 23. Licenses&Permits * One Day Gambling Permit Residential Kennel Licenses 24. ClaimsBills * City Attorney's Report Adjournment 2015 03/16—Planning Commission Meeting, 6:30 p.m. (Council Liaison—Lizz Levang) 03/23 —Council Work Session, Monday, 5:00 p.m. 03/23 —Council Meeting, Monday, 7:00 p.m. 04/13 —Council Meeting, Monday, 7:00 p.m. 04/20—Planning Commission Meeting, Monday, 6:30 p.m. (Council Liaison—Aaron Printup) 04/27—Council Work Session, Monday, 5:00 p.m. 04/27—Council Meeting, Monday, 7:00 p.m. � � Sign up for email notifications at www.ci.orono.mn.us—follow links for Stay Connected $Email Noti�cation MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. ROLL CALL The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick,Jr.,Lizz Levang, Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loflus,Finance Director Ron Olson, Senior Planner Michael Gaffron,City Planner Melanie Curtis,Public Works Director/City Engineer Adam Edwards,City Attorney Soren Mattick, Consulting City Engineer David Martini,and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7: 00 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos. 7, 18, 19, 21,and 22 were added to the Consent Agenda. Levang moved,Cornick seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. CITY COUNCIL WORK SESSION OF FEBRUARY 23,2015 Levang moved,Cornick seconded,to approve the minutes of the Orono City Council work session of February 23,2015,as submitted. VOTE: Ayes 5,Nays 0. *3. REGULAR CITY COUNCIL MEETING OF FEBRUARY 23,2015 Levang moved,Cornick seconded,to approve the minutes of the Orono City Council meeting of February 23,2015,as submitted. VOTE: Ayes 5,Nays 0. LMCD REPORTBIG ISLAND REPORT—GABRIEL JABBOUR,REPRESENTATIVE Gabriel Jabbour stated Orono is very fortunate to have a number of volunteers in the community,which is how he is able to help maintain Big Island. Jabbour noted they added some signage on Big Island recently based on requests from the Water Patrol. The signage identified that no motorized vehicles were allowed as well as alcohol being prohibited. Jabbour indicated he welded every bolt so they could not be unscrewed but vandals went to the extent of pulling the signs off the posts,which took a great deal of effort. Jabbour stated during the process of maintaining the park,they occasionally have to use motorized vehicles. Jabbour stated one of the residents on Big Island continually calls the police and the Water Patrol and objects to him being there. Jabbour stated eventually the Water Patrol will stop responding to those types of calls,which he does not want to happen. Jabbour stated overall everything is going fine on Big Island and that they are looking forward to putting the docks out. Page 1 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (LMCD REPORTBIG ISLAND REPORT—GABRIEL JABBOUR,REPRESENTATIVE, continued) Jabbour noted approximately one year ago he was expressing some frustration about the LMCD and the City concluded that he should be on the Board to implement some of his ideas and concerns. Jabbour stated he started by meeting with the Water Patrol and Sheriff prior to being on the Board about a variety of issues. Jabbour noted he just finished having a meeting with the chair of the LMCD and an aide of the sheriff this afternoon. Jabbour stated they unfortunately have gone from 54 volunteers down to 22 and from 11 gun holders to six. As of today there are 25 volunteers and 10 or 11 sworn deputies. The Water Patrol has brought back some of the people who are very familiar with the area. Jabbour indicated they are trying to implement a program where there would be an incremental increase in deputies. In addition,there will be a full-time deputy who serves exclusively on Lake Minnetonka and will work with the volunteers and have a stronger presence on the lake. Jabbour stated the other positive thing that has happened is that over 50 volunteers are currently undergoing background checks in order to work with the Water Patrol. Jabbour noted there are three levels of volunteers and that the 50 volunteers are being looked at for all three levels. Jabbour stated he also pointed out to the City of Shorewood in October that the LMCD has a strategic plan that only one or two board members were aware of. That resulted in a meeting in October with the chair and resulted in them distributing it to the board members and attempting to update it. There was also a meeting held in January of this year and the LMCD Board went through the report. Jabbour stated in the summer of last year he engaged the Carlson School of Business to do a survey of the residents about their perceptions of the LMCD. That program will be starting this month. Jabbour indicated some of the LMCD board members met with them and felt it should be under their umbrella. Jabbour stated he was not in agreement with that and that the MBA program will exclusively be doing the survey. Jabbour stated he also tried to freeze the salaries of the LMCD personnel until the job descriptions are finalized and the weight they put on those positions. Jabbour noted a number of government entities approve a three percent raise regardless. Jabbour noted last year the LMCD relocated to Mound and realized a$20,000 savings,or seven percent of the budget,but that the LMCD went ahead and raised the budget by three percent. Jabbour stated he was looking for reductions in the budget,which did not happen. Jabbour stated the LMCD was also founded as a coordinating agency and not founded as an implementing agency. The LMCD does not have the ability to levy,have staff, or do projects that they do not have the expertise or the know-how on how to do it. Jabbour stated the LMCD will be turning the inspection programs over and partnering with Three Rivers Park. The LMCD will still pay for the inspection programs but will not be in charge of running it. Jabbour stated in his view that will help save the LMCD some money. Jabbour indicated the Board will be looking for other programs that could possibly be taken over by other government entities. Page 2 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (LMCD REPORTBIG ISLAND REPORT—GABRIEL JABBOUR,REPRESENTATIVE, conNnued) Jabbour indicated another item he would like the LMCD Board to look at is the milfoil harvesting. Jabbour noted money for the initial harvesters were donated but that the LMCD is now replacing them at hundreds of thousands of dollars. Jabbour stated with a number of bays now being treated by the residents themselves,the LMCD does not need to be harvesting the milfoil. Jabbour noted the original purpose of the milfoil harvesting was only to harvest navigable water and not all the bays. McMillan stated she appreciates the work being done by Mr.Jabbour. PLANNING COMMISSION COMMENTS—CHRISTOPHER McGRANN,REPRESENTATIVE McGrann noted on Item No. 10,the Planning Commission voted 5-0 recommending approval of the street setback variance. In addition,the Planning Commission has spent a fair amount of time amending the zoning codes that are now before the City Council. McGrann stated he will be available for questions. PRESENTATIONS 4. BOY SCOUT BRIDGE,HENNEPIN COUNTY BRIDGE ENGINEER JAMES ARCHER James Archer,Hennepin County Bridge Engineer, stated he is here tonight to provide an update on the Boy Scout bridge replacement. The bridge is located on Tonkawa Road between North Arm and Maxwell Bay and is also known as the Boy Scout Bridge. Archer displayed a map on the overhead showing the location of the bridge. CSAH 135 runs north up to County Road 84,which is Bayside Road. The existing bridge is a single-span steel girder structure with a timber deck and 3-inch bituminous overlay,which was originally constructed in the 1930s. The bridge has been determined to be structurally deficient and has narrow shoulders and is load restricted. Archer indicated a single-axle vehicle weighs approximately 23 tons and a three-axle vehicle would weigh around 36 tons. A non-posted bridge would have a 40-ton weight limit. Archer stated the bridge is load posted for 40 tons. Archer displayed pictures of the bridge and noted that the bridge also has substandard railings. The new bridge would be constructed with a concrete railing with a similar guardrail tying into it. The bridge is currently experiencing some deterioration at the beam line. Some of the design considerations include increasing the vertical clearance,widening the shoulder widths to four feet, and 12-foot driving lanes. The detour route would be north to Bayside Road. Archer noted no residents are able to access Tonkawa Road to the south of the bridge. Archer stated there are some existing utilities and overhead utilities in the area. In addition,the City has a force main in that area and Hennepin County will be coordinating with Staff on work in that area. Archer noted they have already spoken with Mr. Edwards and Mr. Gaffron about this project. Archer indicated they are still in the preliminary design phase of the project but that they are looking at constructing a single-span concrete bridge with a concrete beam section,which is similar to a concrete I-girder,but in the interests of vertical clearance, it is compressed into a rectangle. The existing Page 3 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (4. BOY SCOUT BRIDGE,HENNEPIN COUNTY BRIDGE ENGINEER JAMES ARCHER, continued) foundation will be removed to channel bottom and made wider. At this time the architectural finishes are undetermined. Retaining walls may be incorporated into the design,but at this point it is uncertain how much exposed concrete there will be. Archer indicated they typically do not incorporate architectural features for wa11s under four feet and that component still remains to be determined. Archer displayed a picture of an existing section of the bridge and noted that the new bridge would be approximately eight feet wider than the existing structure. Archer indicated Hennepin County is working with City Staff on holding an open house at the end of March at Orono City Hall. The mailing area will include everyone along Tonkawa Road and up to Bayside Road.The residents on the south side of North Arm Bay will also be notified to get their feedback on whether the inside of the bridge should be lit and other aesthetic features of the bridge. It is anticipated the mailing will go out sometime this week. Archer noted this project will be eligible to receive federal funds as well as funds from Hennepin County. The City of Orono is not expected to contribute any funds to the project. Bids are expected to be open in August and the project will commence next summer. The overall length of the project is anticipated to be two to three months. Archer indicated he has also been in touch with the Water Patrol and that he will be contacting the LMCD at some point in the fuhue. Archer stated he can either get city approval tonight or come back later once the plans are more detailed. In addition,the residents will be able to sign up at any time on the website in order to get news releases and information on the project. Archer noted another bridge replacement is being planned on CSAH 146 near the intersection of Fox Street. That project will also be receiving federal dollars. Archer noted that project will be smaller than this project and have fewer impacts to the residents. Council Member Levang stated she happens to live at the bottom of Tonkawa Road where it intersects with Bayside and that last fall someone towing a very large boat missed turning left or right and landed in her driveway. Levang noted no one was hurt in that incident and that Hennepin County has now erected a sign with arrows showing that they have to turn. Levang stated she would like to ensure that that area is looked at carefully since it is not the first time that cars have missed that intersection and have landed in her driveway. Levang indicated there is a very steep landing on either side and that when someone is driving down Tonkawa, it is a very steep incline. Levang stated if someone is not familiar with the road,they can fail to turn and land in her driveway. In addition,the incline can become very slippery when it is raining or snowing and the visibility is not that good. Levang stated that area has the potential for accidents to happen if traffic is diverted that direction and that extra attention needs to be paid to that. Archer stated that will be part of the detour but that this project will not require any construction in that area. Archer indicated he will make sure additional signage is added as well as perhaps implementing temporary speed limits prior to the project commencing. Page 4 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 dclock p.m. (4. BOY SCOUT BRIDGE,HENNEPIN COUNTY BRIDGE ENGINEER JAMES ARCHER, continued) Levang suggested some type of sign that says steep hill ahead or some type of advanced warning be erected. Archer stated typically 10 to 14 days prior to the project starting signage will be put up. McMillan asked if there is a date set yet for the open house. Archer indicated they do not have a definite date set yet but that it will be held at Orono City Hall. McMillan asked if there are any public comments on this project. John Nyquist, 1432 Baldur Park Road,asked whether the bridge clearance will be raised for boat traffic. Archer stated they have preliminarily looked at the clearance and that it may be possible to raise the vertical clearance by four inches. Archer indicated they are not able to raise it further than that without tuming it into a two-mile project. Ralph Kempf, 3675 Togo Road,noted there are two marinas on Maxwell Bay and that when the water elevation gets raised; oftentimes boat traffic cannot go under that bridge. Kempf stated if they can increase it by four inches,in his view the boating population will be very appreciative. Kempf asked if the architectural finishes will be determined by the time of the open house. Archer stated that would be ideal but that it will be more likely there will be some preliminary renditions. Archer stated in his view they are not far enough in the design process to finalize that component but that he can have some samples of other bridges for the residents to look at. Kempf asked if there will be another opportunity after the open house for public comment. Archer stated they can defmitely reconvene the open house is there is sufficient public interest in holding another one. Information will also be posted to the website for the residents to access. The residents will also have the ability to submit written comments at the open house. Walsh noted he lives near the area where the County Road 19 project was done and that it went well. Walsh stated the extra width will be greatly appreciated. 5. NAVARRE BANNER DESIGN—JOAN WOLFE Joan Wolfe stated the City Council may have received an electronic document that is significantly darker than what is really being proposed and that she has some images that are closer to the actual banner. Wolfe stated during the process of coming up with a design, she had the assistance of local artist Mary McKenzie,who created the design. Wolfe stated when they first looked at this;their goal was to incorporate a very welcome title on the top of the banner. Page 5 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (5. NAVARRE BANNER DESIGN—JOAN WOLFE,continued) The title was then tied to the center of the image,which is a map of the bays around Navarre. Also incorporated into the sign are some lampposts, a cheerful yellow color as well as a yellow boat. Wolfe stated Mary has been working on the depth of the colors. Levang stated the design is quite beautiful and that she appreciates the artistry that has gone into it. Levang stated in her view this is a piece of public art rather than a banner with a basic color and some simple words. Levang stated the banner will be enjoyed for a long time and that perhaps the image could be used in brochures that talk about Navarre. Levang stated in essence they have come up with a new brand for Navarre with the uniqueness of the banner. Council Member Walsh stated in his view the banner is very well done and that he would be interested in hearing the comments of the residents of Navarre. McMillan stated she noticed in Joan's book on the History of Navarre that Minnetonka Beach was also called the Island City and that she was wondering whether that would cause any confusion with Minnetonka Beach. McMillan stated in her view it is a great catchy phrase but that she is not sure whether it would be confusing. McMillan stated Navarre is also a neighborhood of Orono and that she did not know whether the banner should say a neighborhood of Orono. Wolfe stated while researching the background information in preparation for her book, it was very unclear where the exact boundaries of the Island City was and that it was generally located in the center of Lake Minnetonka near Crystal Bay. In addition,Minnetonka Beach was not well defined and that it evolved over time. Wolfe stated she is not sure that it is conflicting but that it did occur to her as well. McMillan stated in her view it would be nice to tie Navarre and Orono together. Wolfe stated they initially thought about putting the words Island City of Orono as a clarification but that Mary decided to incorporate Orono's logo at the bottom of the sign instead. McMillan stated Orono has a number of named neighborhoods and that it is nice to differentiate them but yet tie them together with the actual city they are in. Levang noted when someone enters Navarre;they will see a Navarre sign that also says City of Orono. Levang stated she likes the word neighborhood. Wolfe stated they could take island off and just say Orono,but that may not be quite appropriate either. McMillan suggested they work with using both phrases to see how it would fit on the banner. Walsh stated from a banner perspective,he would encourage them to look at using better colors that will have a little more longevity. Walsh stated the yellow may not be visible in the sun. Page 6 of 43 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,March 9,2015 7:00 o'clock p.m. (5. NAVARRE BANNER DESIGN—JOAN WOLFE,continued) Wolfe stated the degree of color fast is definitely a question they will be asking when meeting with the banner vendor. McKenzie stated they tried blue on the banner but that sometimes blue will blend into the sky. Wolfe stated the light will shine on the banner at night given the way the light posts are situated. Wolfe pointed out that there is also an American Flag on the Minnehaha,which is a nice touch. Wolfe stated the Minnehaha is being worked on this winter and that they hope to get the stack to go up and down. Wolfe stated if they are able to do that,it is possible the Minnehaha will be able to go in the upper lake again. Rick Meyer,Park Commission Chair, stated in his view it is a great design and that the banner cannot be all things to all people. Meyer stated he has never seen anything from Minnetonka Beach that says Island City and that tonight is the first he has heard of it being referred to as that. Meyer stated Minnetonka Beach is part of the overall community. Meyer stated in his view the banner helps make Navarre a special neighborhood and that it looks different and is more artistic than any other banner he has seen. Meyer stated the banner also ties in with Joan Wolfe's book and helps make Navarre a special neighborhood of Orono. Meyer stated it is his hope they do not change the banner too much. Ralph Kempf, 3675Togo Road, stated in his view it is a wonderful piece. Kempf asked if it bigger than the old banners. McKenzie indicated it is about the same size as the old banners. Kempf stated he likes the simplicity of the top and bottom words and that the image of the street car/boat is iconic and will be recognized. Kempf stated he is in agreement that Minnetonka Beach is not associated with Island City. Kempf stated they could perhaps say The Island City of Orono if it does not squeeze it down too much. Kempf indicated he also likes the cattails going down the side. Kempf stated his only concern is that people driving by who are not familiar with where Navarre is located on the lake where identify the brown tones with water. Kempf stated if he was driving through Navarre and saw the banner for the first time,he would not picture water. Kempf suggested they consider making the water look more like water to help people make the connection easier. McKenzie stated she needs the City's permission to use their logo on the banner. McMillan stated that is not a problem. McMillan stated the words Island City is nice and concise at the bottom and that if everyone is okay with that, she would be fine with leaving it as is. Council Member Cornick stated the logo of Orono should perhaps be made more proportional to the words Island City. McMillan suggested the final design be submitted to the City Administrator and that the Council can approve it at their next meeting. McMillan suggested cost estimates also be submitted at the same time. Page 7 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (5. NAVARRE BANNER DESIGN—JOAN WOLFE,continued) Wolfe stated it would be nice to get a sample of the banner so the Council can see it. Council Member Printup stated he would also be interested in knowing whether they prefer what is being presented tonight or whether they prefer the banner with the revisions. Walsh suggested they obtain a couple of estimates with different qualities of dye. 6. LONG LAKE FIIZE DEPARTMENT,FIItE CHIEF JAMES VAN EYLL Fire Chief Van Eyll stated he is here tonight to present the 2014 annual report for the Long Lake Fire Department. It is the mission of the Long Lake Fire Department to minimize the loss of life and property for its fire service recipients in the Cities of Long Lake,Medina and Orono from fires,natural disasters and life-threatening situations. The goal of the fire department is to perform these services in a professional and efficient manner by maintaining effective training, fire prevention, fire suppression and emergency response. The Long Lake Fire Department is currently under the leadership of James Van Eyll,Assistant Chief John Hall,and Deputy Chief of Administration DJ Goman,District Captain Shane Gardner,and Fire Captain Kelly Shaughnessy. Van Eyll stated one of the fire lieutenants has stepped down and Doug Johnson has been appointed to fill the position until the end of the year. The Long Lake Fire Department reorganized approximately three years ago. There are currently 41 active members,with all members going to be Firefighter I or II state certified,First Responders or EMT certified, and HazMat Operations Certified. There are currently three probationary members that were brought on at the end of 2014. The Long Lake Fire Department currently has two stations it operates out of. In 2014,the Long Lake Fire Department responded to a total of 353 calls,with the majority of the calls being located in Orono. In 2014,Orono had 14 fire calls, 55 medical calls,46 hazardous condition calls,91 good intent calls, 65 false alarms,and 4 severe weather calls,for a total of 281. In 2013,Orono had 426 calls. McMillan asked if the fire calls related to building fires. Van Eyll indicated they can be any type of fire and could range from outside fires to building fires. There were two major structural fires that occurred in Orono in 2014. The average response time for Orono was 0.05.56 seconds,with an average response time for all cities being 0.06.18. The reduction in the response time resulted from the overall call volume being reduced as well as the location of calls. Mutual aid calls had an 0:11:30 response time. The majority of the calls were received between the hours of 6 a.m. and 6 p.m.,which was slightly down from last year. Orono had a total of 4,347 hours in calls. The Long Lake Fire Department is currently in the process of finalizing the budget for this year. In 2014, the Fire Department ended the year at approximately$3,000 under budget but the numbers have yet to be finalized. Van Eyll noted the Long Lake Fire Department will reach its 100-year anniversary in April. Page 8 of 43 MINUTES OF THE ORONO CITY COUNCII,MEETING Monday,March 9,2015 7:00 o'clock p.m. (6. LONG LAKE FIRE DEPARTMENT,FIRE CAIEF JAMES VAN EYLL,continued) Overall goals for the Fire Department completed in 2014 included Blue Card Lite training,refinement of the driver training program,creation of a small engine check sheet at both stations,debriefings after most calls,and participation in the Wellness and Fitness program. The Fire Department also completed more small group training,driver training,in-house Blue Card Lite training,CO alarm training with True Readings,and training with CAFS and Foam. The Fire Department's 2015 goals include LLFD branding,duty clothing, review and revamp SOP. Training goals for 2015 include live burn training,medical training,officer development,driver training, and increased foam/CAFS training. Van Eyll noted upcoming events for 2015 include the pancake breakfast on April 19,the memorial5k race on July 25,the centennial celebration on September 19,Kids Day on October 25,and the Slow Bum Brigade food drive on December 5. Walsh stated Chief Van Eyll is doing a great job. Walsh noted the Fire Department was approximately $3,000 under budget and that there were 20 percent fewer calls. Walsh stated as the Fire Department goes through the budget process,he would like to see how 20 percent more calls would impact the budget. Van Eyll stated the one wild card that plays into the budget every year is the nuxnber of calls. Van Eyll stated some of the things that are scheduled for the end of the year may need to be delayed if the funds are not available. Walsh stated it would be helpful to the Council if there were a couple of different scenarios presented and the impact it would have on the budget. McMillan asked if he has any thoughts on the rumble strips that have been installed on Highway 12. Chief Van Eyll stated the Long Lake Fire Department has not seen significant traffic accidents in their section of the corridor,which was true even before the rumble strips were added. Van Eyll stated the rumble strips appear to be doing what they were designed to do but that the weather has also been less severe this year. PUBLIC COMMENTS John Quinlivan stated he would like to comment on the section of road that Council Member Levang mentioned in regards to the bridge project. Quinlivan indicated he is a contactor and that he does a tremendous amount of work in that area. Quinlivan stated he has found that section of road to be dangerous. Quinlivan stated in his view there needs to be permanent signage erected in that area and not just during the construction period. Quinlivan stated unfortunately construction brings a lot of new drivers into the area and that in his view there should be a stop sign coming up the hill before you turn as well as some signage at the top of the hill. Quinlivan stated the road also does get slippery in inclement weather. PLANNING DEPARTMENT REPORT Page 9 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. *7. #13-3623 LIN YAN/CITY OF ORONO—1330 CHERRY PLACE—CORRECTED RESOLUTION,RESOLUTION NO. Levang moved,Cornick seconded,to adopt RESOLUTION NO.,a Corrective Resolution of the City Council for the property located at 1330 Cherry Place. VOTE: Ayes 5,Nays 0. 8. #14-3685 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC Gaffron stated the applicant is requesting an amendment of the Development Contract and RPUD Agreement for Oliver Hill to revise the limits on lot coverage for two of the seven lots. Oliver Hill had a lot coverage limit of 15 percent per lot,which is lot coverage by structures. The developer initially had proposed to build fairly modest homes ranging from 1,800 to 2,200 square foot. Staff recently received a house plan for Lot 2,Block 2. Lot 2,Block 2 has a limit of 15 percent structural coverage. The house plan came in with a footprint of approximately 4,000 square feet or 22 percent lot coverage. Gaffron stated clearly that house does not fit the lot. The developer is still in the process of constructing the road and they have not constructed any homes at this point. The applicants have asked whether they could exchange lot coverage for Lot 2,Block 2 with Lot 2,Block 1,which is directly across from Lot 2,Block 2. Gaffron indicated Lot 2,Block 2, is a good sized lot but is small compared to the rest of the lots in the neighborhood. The lot consists of approximately 17,917 square feet and the lot across the street is almost 3,000 square feet. Gaffron stated lot coverage has always been a massing issue and that the 15 percent is based on the entire lot and not just the dry buildable land. The applicant has raised the question of whether it would be feasible to exchange the amount of lot coverage that is allotted to the lot to the north for the smaller 15 percent lot coverage for Lot 2 to the south. During the application process,the applicant indicated his intent was to build modestly sized homes,and the conceptual footprints shown on the approved development plans had no footprint larger than 2,200 square feet. The issue for the Council to consider is whether it is reasonable to allow the transfer of unusable excess lot coverage allotment from one lot to another lot. Gaffron noted that has not been done previously. From Staffl s perspective,allowing 22 percent structural coverage would be way out of proportion to the 15 percent structural lot coverage. Gaffron stated Staff remains neutral on whether it is appropriate to swap the lot coverage. Willi Abbott,The Broadway Group, stated he would like to raise a couple of points. Abbott stated it is his belief that he made a mistake and missed that lot when calculating the 15 percent on each lot. In addition,the lot lines were moved further back in order to meet the changed setback. Abbott stated when they were calculating the 15 percent initially; they knew that Lot 2,Block 2,was going to be tight but that they did not realize it would be that tight. Abbott stated they originally set out to do 2,100 to 3,000 square foot homes. Abbott stated if you look at the homes drawn on the survey,those were put on there by the surveyor to give an idea of where the homes might go rather than the actual square footages. Page 10 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (8. #14-3685 WII.LI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, continued) Abbott stated it has always been their intent to construct homes that ranged from 2,500 to 3,000 square feet. The house plan that was recently submitted is around 3,200 square feet,excluding the front porch and the screen porch,which is close to what was initially proposed. Abbott stated as it relates to the massing, in his view the impact will be very,very low since the other homes will not be that large. Abbott noted the plan submitted for Lot 1,Block 1, is around seven percent structural coverage. Abbott stated if the Council looks at it as a whole group, since it is an RPUD, it is below the 15 percent. Abbott stated in his view the development works well for the City of Orono when the lots are larger. With this lot only being 17,000 square feet,it makes it difficult to design a saleable house. Abbott noted the worksheet that was submitted deals with Items B,F,G and H. Abbott stated in his view this development fits this area and that the majority of the homes will be less than the 15 percent and close in size to each other. Abbott stated they also set out to have very low priced lots,which has been accomplished,and that they are the lowest priced lots in Orono. McMillan asked what the average price of the lots is. Abbott stated to his recollection the lots sold for around$165,000. McMillan asked what actual square footage of the house is for Lot 2. Abbott indicated it is 3,200 square feet,which does not include the screen porch. McMillan asked if there would be living space above the garage. Abbott stated there would be a first floor and second floor,which includes some square footage over the garage. Gaffron stated the deck and screen porch would also need to be included in the structural coverage if it is over six feet in height. Abbott stated he included the porch but not the deck since it is not above six feet. Gaffron stated if the deck railing height is no higher than six feet above the grade,it would not be included. Abbott stated to his understanding the total number would be 3,709 square feet. Page 11 of 43 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,March 9,2015 7:00 o'clock p.m. (8. #14-3685 WILLI ABBOTT ON BEHALF OF THE BROADWAY GROUP,LLC, continued) Walsh stated it is a slippery slope when they start talking about trading structural coverage for land and that it is questionable where it would stop. Walsh stated if the Council starts allowing it,the standards would be pretty much out the window. Walsh stated in his view everyone knew what the structural coverage limit was and that the developer has the option of either leaving it as a smaller lot or combining it with another lot. Walsh stated if the Council allows the land for one lot to be traded with another lot,it would set a bad precedent. McMillan indicated she is in agreement with Council Member Walsh. Walsh stated it could also lead to people selling their structural coverage. Levang stated the proposed house for Lot 1 consists of 2,932 square feet and the proposed house for Lot 2,Block 2, is 2,680 square feet,which are smaller numbers. Levang questioned whether he will be back asking for another increase. Levang stated the City Council and Staff looked at this development very carefully and had long discussions about the lot size and house size. Levang stated in her view the Council understood how the homes would sit on the property and that some of the lots had more land than others as it related to dry buildable. In the end the Council agreed to a certain configuration and that she is not willing to now change what was agreed to in the resolution. Printup indicated he is not comfortable with the trade-off since he is not sure where it will lead. McMillan stated the two lots will have two different kinds of back yards,which will provide diversity and helps keep the massing under control. Cornick indicated he also is in agreement with the rest of the Council. Levang moved,Cornick seconded,Application No. 14-3685,Willi Abbott on Behalf of the Broadway Group,LLC,to deny the request for an amendment to the resolution and RPUD agreement for the Oliver Hill development. VOTE: Ayes 5,Nays 0. 9. #14-3687 REAL ASSETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS Gaffron stated the applicants are requesting approval of a revised grading plan and amendment of the terms of the PRD agreement for Northern Oaks with respect to the condition requiring compliance with the conditions of Preliminary Plat Resolution No. 6345. The applicants are specifically requesting the condition that the approved grading plan does not establish new existing grades for building height determination purposes. Page 12 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (9. #14-3687 REAL ASSETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS,continued) Northern Oaks has six parallel lots that extend to the back of the property with a fairly large wetland. The homes are all placed up against the road to the south,which is Northem Avenue. The first two homes on the left side are currently under construction and the third house from the left came in with a proposed lower level that technically,based on the existing grades on the site,would be classified as a story rather than a basement. The applicants have looked at both Lots 3 and 4,as did Staff,to see where they stand with those lots. The lots are very tight with no lateral ability to move the homes around. The original grading plan that was approved for the site specifically did not establish new existing grades. Gaffron stated based on the existing grades,both Lots 3 and 4 would not be able to have two stories with a basement. As a result,the surveyor has proposed a slightly different grading plan that would bring in slightly more fill to artificially change those levels from stories into basements. One of the concerns Staff has is what the City's initial intent was with this development. In the case where the developer was not intending to immediately create building pads,the City would not ordinarily establish new existing grades. In the case where a developer were proposing to immediately create building pads, the City would generally accept those proposed grades that would be created by the developer as new existing grades for measuring basements. Gaffron stated in this case,one of the impacts of the proposed grading plan was that the houses at the east and west end of the development are higher in topography,and as you get towards the center of the site, the houses would be lower. In order to create new grades,those houses will have a little different character than they would otherwise have. Gaffron displayed a color rendering of the homes. Gaffron noted the houses are not exactly in a straight line and they all have approximately a 20-foot separation between the homes. The homes on the left side are set back slightly further than the other homes. Gaffron stated one of the things the City was hoping not to create was a neighborhood with six or seven homes that all look the same right in a row. Given the varying locations of the building pads,these homes will have a little bit different character. From Staff's perspective,this application perhaps should have been looked at it as creating new existing grades. As the situation currently exists,Lots 3 and 4 would not be able to have two stories and a full basement but rather a basement and a story and a half,which would provide some vertical relief to the neighborhood. Gaffron stated if the Council feels approval is warranted, Staff can revise the development agreement. Gaffron noted the applicant has graded the stormwater ponds on the west and east side of the wetland and have done a good job with the drainage. Walsh asked whether the City would allow someone to change the grade on a tear down in any neighborhood. Gaffron stated Staff would want to see a grading plan to ensure it does not have any negative impacts on the neighborhood. Page 13 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (9. #14-3687 REAL AS5ETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS,continued) Walsh asked whether the City has a hard and fast rule that prohibits the grade from being changed if it does not have a negative impact on the neighborhood. Gaffron stated depending on how much grading the person is doing, it could require a conditional use permit. Gaffron stated Staff could approve it administratively if the grading is just associated with the one house,is less than 500 cubic yards,and is not artificially changing the grade so the person is creating a basement out of a story Walsh asked what would happen if they are changing it from a basement to a walkout. Gaffron indicated a conditional use permit would likely be required. Mark Gronberg, Surveyor, stated he and the developer worked very hard with City Staff and the Watershed District to achieve the correct drainage on the site. Gronberg stated they submitted a plan with proposed grades that had Lots 3 and 4 built up a little because they had to get the water off to the two sides. There was not enough room to put a pond or a stormwater area in the middle due to the way the wetland bows in. Gronberg stated he was surprised when he saw the resolution and had he been part of the discussion regarding the final resolution,he would have objected because it was based on existing grades. Gronberg indicated the resolution did not meet the intent of the whole grading plan of the Watershed District and the City Engineers. Gronberg stated they can still meet the approved grading plan for these homes and that in other developments they have worked off the approved grading plan. McMillan asked how many feet they would like to stack against the homes. Gronberg stated the original grading plan depicted just boxes,and that when they come in with a proposed house,there are sometimes minor changes to the plan. Gronberg noted they did not have to change it much from the approved grading plan. Gaffron stated the biggest changes were in between these two lots and on other side of Lots 3 and 4. McMillan asked if what the Council is being shown is the final plat grading plan. Gaffron indicated it is. Gaffron stated what Mr. Gronberg has provided is showing where there is more pronounced drainage between the homes, deeper ditches,and a little more fill in the front than what was there previously. Gaffron stated there is enough of a change that if you add another foot or two of fill; those stories would go back to being basements. Gronberg stated to his knowledge nothing changed by more than a foot or a foot and a half. Gronberg stated most of that is based on having definite house plans. Walsh asked if he saw this as more of a design/build process. Page 14 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (9. #14-3687 REAL ASSETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS,continued) Gronberg stated once someone arrives at a house plan,little tweaks sometimes need to be made to it. Walsh asked if they accomplished the grading plan prior to the final plat being approved. Gronberg indicated they did. Gronberg stated the basic grades did not change and that this is just to meet the criteria for a basement. Gronberg indicated the garage elevations and the walkout elevations are the same. McMillan asked if someone can have either a basement walkout or a story walkout. Gaffron stated how Staff deals with whether it is a basement or a story has to do with how much of the foundation below that first floor is exposed. If more than 50 percent of the perimeter is exposed more than six feet,it is considered a story. Gaffron noted some years ago the City had a discussion about whether they should measure from the basement floor up or from the floor above down. The City found that most cities go from the floor above down because it relates to how much of the basement foundation is exposed. Gaffron stated in this case,the actual elevations were not changed for the main floors. Gaffron indicated he did discuss with the applicants that in order to reduce the amount of additional fill they required,they could go from a 9.5 foot basement ceiling to an 8-foot basement ceiling. Gaffron indicated it his understanding the applicants are not interested in doing that since from a marketing standpoint they believe no one is interested in buying a story and a half. Gaffron noted Mr.Abbott a year and a half ago proposed a story and a half but is now proposing two stories. In this case the applicant has always proposed two-story homes. Gronberg pointed out this change would only affect the two homes in the middle and that the views from the back or the front will not change. Printup stated from previous conversations,the Council knew the last two lots would be more restricted, and everyone was aware of that,which was similar to the discussion with the previous applicant. Printup stated this would set a precedent and the question is whether the Council wants to start doing that. Printup indicated he is not comfortable with that. Levang stated to her recollection the Council has had similar discussions on what is classified a story or a basement. Gaffron stated Staff goes through the analysis with every new building permit that comes in to the City, and perhaps one out of two end up having to redefine or redesign something in order to make it work. Gaffron stated it is one of those things the City is dealing with almost on a daily basis. Levang stated that leads her to support Council Member Printup and that she would rather not deviate from what was initially agreed to. When Staff and the Council did the analysis on this development,they struggled significantly with how to define what would be a lot and how many would be walkouts. Two Council Members wanted the number of homes to only be five. Page 15 of 43 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,March 9,2015 7:00 o'clock p.m. (9. #14-3687 REAL ASSETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS,continued) Levang stated in her view it is not the work of the Council to look at the issue of whether a house is sellable or not in terms of a story and a half versus two stories. Levang indicated she is not willing to change the original resolution. Walsh indicated he is a little more receptive to changing it and that the City would not be breaking any new ground here in terms of adding additional fill. Walsh stated in his view the City would not be setting any precedent and that the City Council has an obligation to the City to make sure that the correct things are done and that they are not building homes that are not saleable. Walsh stated he would be a little more receptive to solving the problem and getting some good saleable homes. Todd Holmers asked if they dropped it to a foot and a half and went to the 8-foot basement whether that would solve the problem. Gaffron noted they had that discussion on the site and concluded that it would help but that Staff would need to see an exact plan. Gaffron stated it would definitely get it closer but it could potentially change the location of the garage and possibly other things. Gronberg stated they did look at having an 8-foot basement and it did work. Gronberg stated that would lower the house level from what was shown on the original grading plan. Gaffron stated that is true,and from Staf�s perspective, if there was a grading plan that showed additional fill and the location of the houses,they could review that. Gaffron indicated he would not want to do it as a variance but rather approve it only as a change to the master grading plan for the development. Gaffron stated he does not want to start a precedent of requiring a variance on it,which is why these two applications were brought before the City Council tonight. Gaffron stated this application is still in the development plan phase,which could justify changing the development agreement. Printup stated if the flexibility is there,the applicant could come back with another plan. Levang asked if Staff is recommending it be tabled until the applicant can submit a new plan showing the 8-foot ceilings. Gaffron stated it would be helpful to have an actual plan that Staff can review to see whether it would work. McMillan asked if they would need to come back to the City Council if the 8-foot ceilings worked. Gaffron stated if the lower basements work with the original grading plan,the only thing the City is doing then is saying that the City will accept the idea that the original grading plan did create the new existing grades for measuring basements and heights. Walsh asked if that is an interpretation or whether it would require a revision to the resolution. Page 16 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (9. #14-3687 REAL ASSETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS,continued) Gaffron indicated it would change one sentence in the development agreement and would not require a resolution. Gaffron stated Council action would be needed to amend the development agreement. Mattick stated he is in agreement with that. Typically the City will allow grading,but when Staff measures height,it is based on what the previous grade is. In a situation like this,the City does have some flexibility with those standards,which is why it is not a variance situation. McMillan noted the City has had some issues in the past with artificially creating grades and that she is protective of that. McMillan stated in her view if someone creates too high of a grade around the house, it can create faster runoff,which is something to consider. McMillan stated she does not particularly believe that someone needs two stories to sell a house and that a variety of homes is good for a community. McMillan stated in her view it is important to go with what offers long-term value for Orono,which is a variety of housing. McMillan stated she understands the developer's point of view is what is selling now but that she is looking at the long-term appreciation for Orono,which is to have a variety of housing. McMillan stated the homes could be sold to someone that does not require four bedrooms. Levang stated she specifically remembers George Stickney telling the Council that these would be smaller homes for people who are downsizing and that a variety of modest homes were what the Council agreed to. Levang stated she does not want to set a precedent and that the Council needs to be mindful of the grading. Todd Holmers pointed out the two lots in the center will be lower than the other homes and will not be any taller than any of the other ones. Levang indicated she did visit the site earlier today and that it is considerably lower in that area but that everyone knew that it would be. Gaffron stated based on the analysis by Staff for Lot 3,even with the proposed grades,the lowest level would still be considered a story with 9-foot ceilings. Gaffron stated if a plan is submitted showing Lots 3 and 4 with an 8-foot basement based on the pre-existing proposed grades,then the City would only need to make a slight change to the development agreement. If that does not work and they still have an issue with the lowest story not being considered a basement,then it becomes a variance situation and a separate application. Gaffron noted the City normally does not grant height variances. McMillan noted the City also tends to avoid variances on new development. Gronberg stated in the past they have gone off the grading plan for other subdivisions. Gronberg asked how this can be avoided in the future Page 17 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (9. #14-3687 REAL ASSETS II,LLC 3720—3730 NORTHERN AVENUE—PLAT OF NORTHERN OAKS,continued) Gaffron stated it needs to be clear in the future whether or not the developer is planning to create new building pads as part of the development improvements as opposed to going lot by lot. Gaffron stated in his view the City is better off approving a development agreement where it is clear that the developer is creating new pads. Gronberg stated sometimes in an effort to save trees,they like to wait until they get an actual plan in before tearing out trees and building the pad. Gaffron stated in this case all the trees were removed but they did not build the pads. McMillan asked if the applicant would like the Council to table the application. Todd Holmers stated they will see if the 8-foot ceilings work and then work with Staff to see if it can be worked out. Holmers stated on the first two homes,they made the garages on the right and that they are trying to switch up the garages a little bit,too. Holmers stated they were concerned because the first couple that purchased a lot was adamant about 9-foot ceilings. Holmers stated he would also like to add that he had those three plans done and into the City well before this development was approved. Holmers stated he was shocked when he found out that they could not get a permit for Lot 3 and that it was a big surprise to them after the fact. Holmers noted they are doing the development in two phases because of the grading, and that they figured as long as the guy was out there excavating,they would have him dig the pond. Holmers stated they went ahead and did both of the retaining ponds but in the beginning it was Phase 1 and Phase 2,with all the dirt being pushed from Lots l,2,and 3 to Lots 4, 5,and 6. Holmers stated all three of those plans were submitted before to the work being done. Gaffron asked if they were submitted prior to preliminary plat approval. Holmers stated to his recollection they were. Holmers stated in his view they went above and beyond to get those plans in as well as the color rendering on Phase 1 and that it was a surprise to them that it did not work. Holmers stated they knew those two homes would sit lower but that they were not trying to construct a house with three stories. Walsh suggested they look at the 8-foot ceilings and see if that works. Holmers stated he will do up something that shows an 8-foot ceiling for Lot 4. Holmers noted the plan for Lot 3 was submitted a while ago. Printup moved,Levang seconded,to table Application No. 14-3687,Real Assets II,LLC,3720-3730 Northern Avenue,Plat of Northern Oaks. VOTE: Ayes 5,Nays 0. Page 18 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. 10. #15-3717 PAUL CAMERON/CAMBERLAIN CAPITAL,LLC—1340 FOX STREET— SETBACK VARIANCE—RESOLUTION NO. Cornick stated on the northeast corner there is a retaining wall depicted and that he would like some clarification on what is happening with the retaining wall. Curtis indicated that will be taken out. Cornick asked what will happen with the area once it is removed. Cameron indicated they would like to remove it and then regrade the property. Cornick moved,Levang seconded,to adopt RESOLUTION NO.,a Resolution Granting Variances from Orono Municipal Code Section 78-420 for the property located at 1340 Fox Street. VOTE: Ayes 5,Nays 0. (Recess taken from 9:00 p.m.to 9:07 p.m.) 11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS (WECS)FIRST REVIEW Gaffron stated this is a proposed ordinance amendment in response to essentially a court case that suggested the City of Orono needs to adopt ordinances that allow in some manner wind energy conversion systems. The City adopted an ordinance last October that was a moratorium that lasted for one year. The moratorium is still in effect. Tonight the Council is reviewing some potential changes that currently ban wind energy conversion systems. The Planning Commission has held two public hearings on this item and has heard comments from some residents and a member of the wind energy industry that are included in the minutes. The Planning Commission looked at the ordinance that they had recommended approximately one year ago and made some potential changes to it. Those changes are reflected in Exhibit A. Since that time,the City Attorney has reviewed the draft ordinance and made some additional comments,which are outlined in Exhibit B. Gaffron stated the Council should look at the exhibits and discuss the issues raised. McMillan asked if the e�ibits have all the comments received. Gaffron indicated that is correct. McMillan suggested they start on Page 1 and go section by section. Gaffron stated the first page deals primarily with definitions. In most cases residential wind energy conversion systems has been changed to small wind energy conversion system. The whole concept of defining the difference between the residential and the utility wind turbines was using a 10 kV or 100 kV name plate generating capacity,which is what Staff found other cities use. Page 19 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. 11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,continued) State statute does not recognize a distinction. It says that there are small wind generators that are less than 5000 kV and then anything over 5000 kV is regulated by the state and the city does not have a say in how those are regulated. Gaffron stated the question to be answered is how the City would like to define them. In an attempt to understand the potential differences between a 10 kv,a 100 kV, or a 5000 kV, Staff has looked at a number of other city ordinances. Wind turbines that generate electricity ranging from 10 kV up to 300 kV are defined as small in many city ordinances. A nuxnber of the city ordinances stop at 10 kV and anything larger than 10 kV is not allowed in residential zones. Planning Commission Exhibit A is a table that looks at a number of other cities' ordinances,other jurisdictions such as Des Moines,an MPCA model ordinance,and a model from Distributed Wind Energy Association. Gaffron noted there is quite a wide range of standards in terms of what is allowed and what limits are placed for residential wind turbines. From the perspective of Staff, a lot of what was done in the early draft was mimic what was found in other city ordinances,which is not always the best way to go. Gaffron stated a number of cities have also defined an ornamental wind device as a decorative structure that appears to mimic the appearance of a wind turbine as to the use of airfoils or other wind-capturing devices but does not have electrical generating capability. Gaffron noted this definition has not been included in previous drafts of the ordinance but has been included in the most recent draft. Gaffron stated there is a question of whether the City would like to identify or recognize that there are wind ornamental devices that do not generate electricity. Mattick stated from a legislative and drafting city code perspective,the City can differentiate between different wind turbines,but then the question becomes,why is there a differentiation. Mattick stated the example he can give is if there is really no difference in terms of size and a 10 kV and a 100 kV both look the same in size,from a land use perspective,then the question becomes,what is it that the City is regulating between the two sizes. If the City knows for a fact that there is an increase in the intensity of use or size issue,then the regulation makes sense. Mattick stated the final thing is under utility wind energy conversion systems and that Staff will need to refine that further. State statute says at 5000 kV and over the City does not get to regulate those and that language will need to be included Walsh stated as it relates to ornamental wind devices,the video that was presented to the City Council shows the device spinning or moving and causing flickering even though it is not generating electricity. Walsh asked if the Council should talk about anything that is spinning or moving rather than ornamental from a flickering standpoint. Mattick stated most people are familiar with the ornamental wind device and that there are some things that spin and move that the Council is okay with. The Council may want to examine whether it is the spinning that is the problem or the flickering. Mattick stated he is not sure if the Council would be able to come up with a definition that covers all the moving pieces. Page 20 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CIT'Y OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,continued) Printup stated he is not comfortable with the paragraph on ornamental wind devices since it leads the way into Alice's rabbit hole. Walsh stated it comes down to semantics. Printup stated the City has been talking about this for a number of years and that it is all semantics. Printup indicated he would lean towards eliminating that paragraph. Walsh asked if a 10-foot pole that has something spinning on it would fall under accessory structures. Mattick stated that would probably be viewed as an accessory structure. Walsh stated those two items need to work in tandem then. Mattick stated the current code does not really address flickering. Mattick noted the City's lighting code says the light must be downcast and not cause glare on neighboring properties. Mattick stated the question is whether the Council cares about something that is spinning but not causing flickering. Printup stated he does not see that as a bad thing. McMillan stated the ornamental wind device definition could perhaps be eliminated and then perhaps address the spinning,moving,or making noise under accessory use. Walsh stated he would prefer to stick with wind energy exclusively and not ornamental devices. Walsh stated the issues associated with accessory structures should be dealt with separately. Mattick and Gaffron concurred that that approach makes sense. McMillan asked if the Council is okay with the different residential definitions or whether they should be combined into one, such as small wind. Printup stated that makes sense. Levang stated it does not appear that all the categories are necessary. Mattick stated the ordinance does not differentiate between them as it relates to how they are regulated and that Staff has struggled with the issue of whether a 100 kV wind turbine is bigger than a 10 kV. Mattick stated it might take a bigger size windmill to generate more electricity but that he does not know that. McMillan suggested those two definitions be combined. McMillan noted the two tower definitions can also be combined. Levang stated one tower definition appears to be sufficient. Page 21 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING � Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,continued) Mattick stated the ordinance does not allow anything other than a mono pole so there is no need to define what a tower is. It was the consensus of the City Council to combine the two defmitions. Gaffron stated Section B,Item 6,talks about wind energy systems. Staff had started by limiting them to less than 10 kV on lots at least 10 acres in gross area within the RR-lA and RR-1B Rural Residential zoning districts. Gaffron stated the wording,wind energy conversion systems are not permitted in any other zoning districts is probably not necessary,but that he would recommending adding the following: Small wind energy conversion systems less than 100 kV are allowed in commercial and industrial zones only by conditional use permit. The Planning Commission had a discussion about allowing WECS in commercial and industrial zones and the conclusion was that if they were going to be allowed in those zones,that they only be allowed by a conditional use permit. Walsh asked for an example of why they would not have the same restrictions as residential. Gaffron stated there are very few commercial or industrial lots in the City that meet the 10-acre standard. Walsh stated in his view 10 acres is an overreach. Gaffron stated the second justification would be that all of the City's commercial and industrial districts are fairly close in proximity to residential zoning areas. Gaffron stated the question is whether there is a potential to have a bigger wind turbine on a commercial piece of property than a residential. Walsh stated he was attempting to find a reason to parcel them out for some reason. McMillan stated the intensity of use could also be another factor. Walsh stated the issues associated with setbacks and height are basically the same on residential lots as they are on commercial. Walsh stated the regulations have to be reasonable enough that they allow the potential for someone to have one and not be,in essence, a de facto ban. McMillan noted they would be required to obtain a conditional use permit and that it is not a de facto ban. Walsh stated it is a de facto ban is they cannot meet any of the conditions. Printup stated as it relates to the 10 acres,that is something he has thought about a lot over the weekend. Printed noted the judge made the comment"any person may have." Printup stated he started to reflect on that and asked himself whether that means any person on 10 acres or any person that has it reasonably set back from a lot line,which may make it a 5-foot structure or a 2-foot structure. Printup stated in his view requiring 10 acres is too much that and that he would take it lot by lot,which might be addressed later in the ordinance when it talks about height. Page 22 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS (WECS)FIRST REVIEW,condnued) Gaffron stated in the very first paragraph it talks about limiting it to a lot of at least 10 acres. Gaffron indicated what is on the overhead is an analysis that was done for the Comprehensive Plan five or six years ago. In gray and yellow are the lots that are at least 10 acres in area and the green and orange are two and five acre lots. Gaffron noted the map does not take into account wetlands and that there are quite a number of properties out there that might meet the standard of 10 acres if it is simply the gross area. Gaffron stated on the 10-acre lots,the question becomes,where can a wind turbine be located. Many lots are not square and the shape could be such that they might not be able to place a WECS on the property. Gaffron stated he also looked at a small area of the City west to northwest of Stubbs Bay,which is an area that has quite a number of 5-acre lots as well as 10-acre lots. Gaffron indicated he looked at 30 to SO lots and only five or six were able to meet all the standards. Gaffron stated Staff can do a much more detailed analysis to determine which lots would be able to meet the proposed standards or parameters. Gaffron stated the other issue that comes into play is whether those sites are located in a woods or a depression where there is not any wind. As it relates to setback and height,the ordinance limits the total height to 45 feet with a blade height of no more than 15 feet,which will not get above the tree line and will likely hurt the efficiency of the system. Gaffron asked if the Council feels a 300-foot is acceptable when it is 45 feet high. Gaffron stated in order for the wind turbine to be effective, it needs to be away from trees and buildings and will likely be visible to the neighbors. Gaffron stated there are a lot of factors that need to be balanced in determining whether a WECS is appropriate in a specific location and that most cities have adopted an ordinance that says the setback must be at least 1 or 1.4 times the height so that in case it falls over, it does not cross the lot line,which is as far as most of the other cities' ordinances take it. Printup stated that is an important requirement. Printup stated in talking with the residents,he finds that once they have a better understanding of the impacts,they understand the rationale for the setbacks. Walsh asked what the Council thinks about reducing the lot size to two acres with a 1.2 or 1.3 setback and with a maximum height of 45 feet. Walsh stated there also should not be any shadowing on anybody's yards or houses. Walsh stated all the elements need to fit together. McMillan stated height and setbacks go together and that the height will help determine the necessary setback. McMillan asked if the Council is okay with the 45-foot height limit. It was the consensus of the City Council to go with the 45-foot height limit. McMillan stated the other issue is the flicker and noted that reflected light can travel further than the fall zone for the tower. Levang asked if the fall zone is the 300 feet that the Planning Commission recommended or the 1.5. Page 23 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,continued) McMillan stated the issue with flicker depends on what the sun is doing and that she would be willing to change the setback if it is on a bigger lot. McMillan stated on smaller lots there needs to be a fairly good setback since they also generate noise in addition to flicker. McMillan stated there could also be an issue with having a mechanical structure at eye level for the neighbor when they walk out on their deck. Walsh stated on 2-acre lots,the person would still need to meet the setbacks and address the flicker. Walsh noted there are companies that do flicker or shadow reports. McMillan stated she would prefer to keep it simple and avoid requiring flicker reports. McMillan stated if there becomes a demand for wind turbines,the standards could always be looked at again. Printup indicated he does have a concern with possible flicker and that one possible solution would be requiring the blades be painted with flat black paint. Printup stated the flickering can also change with the seasons as well as the angle of the sun. Printup stated he is not sure where to stop with the idea of flickering. Walsh stated shadows from the wind turbines can also be an issue and that some cities prohibit the wind turbines from casting shadows on neighboring properties. Levang stated she would like to clean up 6(a)before the Council moves on. Levang indicated the language says on lots at least ten acres in gross acre. Levang stated if gross area is allowed,the number of the parcels that are yellow or cream colored that are depicted on the map would increase. Gaffron stated there are probably more 10-acre properties than what is depicted on the map. Levang stated in her view the 10-acre requirement is satisfactory and that she does not want to see a reduction in the 10-acre requirement at this time. Levang noted the Council could look at possibly reducing it in the future if there is a big demand for wind turbines. Levang stated the City does have a lot of wetlands,which reduces the area that the wind turbine can be located in. In addition,the person would need to meet the setbacks. Levang stated when you look at how many homes in the city are clustered close together, it is because of wetlands. Levang stated her house sits on 8.85 acres and that she can clearly see into her neighbor's yard,who has 12 acres, as well as her other neighbor's house,who has 27 acres,and it is because the homes are clustered on the dry land. McMillan stated wetlands are always bowl-shaped with no trees around. McMillan stated some of the 10-acre lots on Watertown are narrow. Walsh stated someone is not allowed to build on a wetland. McMillan stated wetlands create views and vistas and the ability to see long distances. Page 24 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,continued) Printup indicated he is okay with private property,private wells, and other items. Printup stated the question becomes,who can say someone cannot have a 45-foot pole if it does not harm someone else's property. Printup stated based on that,he gets a little uneasy with limiting these only to the larger lots. Levang stated she is not being afforded the same level of protection simply because she lives on a larger lot even though she can see her neighbor just as well as someone who lives on a smaller lot. McMillan indicated the Council can come back to the 10-acre restriction. Gaffron stated Item B talks about residential WECS standards. McMillan stated it appears everyone on the Council is okay with the height standards. McMillan suggested the title be changed to WECS standards for residential zones. Gaffron stated another standard included under residential WECS includes clearance,which requires a minimum distance from the ground for the lowest point of a blade or any other moving part to be 12 feet. Roof or wall mounted WECS would not be permitted. The conclusion of the Planning Commission meeting was that they should be ground mounted and that roof or wall mounted presents a different visual impact but there was not a strong reasoning for one versus the other. Gaffron indicated a number of other cities do not allow roof or wall mounted. Walsh indicated he is fine with that. Gaffron stated the base of the WECS tower shall be set back at least 300 feet from all property lines. WECS cannot be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. It also cannot be located more than 150 feet from the principal structure on the property. Gaffron stated the City Council would need to provide justification for that,but from a technical standpoint,there may be some electrical or technical reasons why it should not be located too far from the residence. McMillan stated the person who owns the wind turbine will need to live with it more than his neighbors but that it may be redundancy as it relates to the setbacks. Levang stated essentially the 150 feet is subsumed with the 300-foot setback. Gaffron stated every site will be different. An example would be a house that is located in the woods and the site for a wind turbine is over 150 feet away. Walsh stated the setback also dovetails with the acreage. Walsh stated if the 10-acre lot is a perfect square,the property owner would have approximately 60' x 60' in the middle,which likely does not exist and would essentially be a de facto ban. Printup stated in his view that is not reasonable. Page 25 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,conHnued) McMillan stated the Council could require a 100-foot setback if they would like to keep the requirement of no more than 150 feet from the principal structure. Walsh stated if you allow WECS on a 10-acre lot,the 100 feet might be reasonable,but that on a 5-acre lot,it might not be reasonable. Printup stated that is why he likes the fall zone. McMillan stated the goal with the ordinance is to prevent people from placing a WECS close to their neighbor's property and them having all the disadvantages while the other person gets all the advantages. McMillan stated the Council needs to be cognizant of that. McMillan stated it could also negative impact the neighbor's properiy values if the WECS is too close to the property line. McMillan noted the City Council has discussed not allowing flag poles in the setback and that it comes down to respecting your neighbors. Walsh stated the Council needs to come up with a solution and not just talk about what is fair. Walsh stated he likes the idea of requiring the WECS be close to their house. Printup stated what is annoying or what other people fmd annoying is subjective but that he understands what the others are saying. Levang stated the neighbors should also not have to pay for what someone else wants. Levang stated it is similar to a barking dog or chickens. McMillan stated the Council is given the job to deal with these types of situations. McMillan stated the closer people live together,the more regulations there are. Levang stated the City has a responsibility to regulate WECS. Printup noted the judge ordered that any person may have a wind energy system. Printup asked if that means someone who lives in a developed controlled by a homeowner's association can have one. Mattick stated his understanding of the judge's order is that not everyone has the absolute right to have a WECS and that the City can impose reasonable restrictions through its zoning ordinances on wind generators. Mattick indicated when he discussed this with Staff,they looked at the lot size and then talked about the 300-foot setback. Mattick stated the 300 feet seemed untenable and it caused Staff to evaluate what that number should be. Staff then discussed what the purpose of a setback and aesthetics. Mattick stated other cities have fall distances anywhere from 1 to 1.5 times the height,which could be the setback. Page 26 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,conNnued) Mattick stated the other point that was discussed as one of the reasons for the setback is the flicker or shadow. Mattick stated one of the options is to require the person to provide a report that says they will not disrupt the neighbors,which helps with the setback issue. Mattick stated another option is to require the blades be painted black. Mattick stated if the Council feels it can address the items that cause the need for a setback through other standards,they can do it that,which may eliminate the need for a setback. Mattick stated the one issue that Staff was unable to come up with a solution to was how close the WECS should be to a neighboring property. Walsh questioned whether the 1.5 fall distance would also resolve the flicker issue. McMillan stated it sounds like the Council may be open to reducing the setback. McMillan stated as it relates to Item No. 10,nonintrusive color, she is totally in agreement with that, and that she is okay with the system not being illuminated. Gaffron stated as it relates to Item No. 1 l,the Planning Commission had some discussion about feeding the grid or the neighborhood and their conclusion was that it should just be feeding the person's own home or the grid and not creating neighborhood systems. McMillan asked if Staff wants the Council to pick one of the paragraphs under Item No. 14. Mattick stated they would,and that in his opinion the second option creates a false sense of security. Mattick stated the report could come back and say that it does impact the neighbor but it does not say they cannot do that. McMillan stated she prefers the first paragraph,but that instead of saying fall on or in, she would put neighboring property instead of structure in case of a vacant lot. McMillan stated the intent is that the shadow or reflective flicker should not fall on the adjoining property. McMillan stated the City Council could always require a flicker report in the future. Walsh asked who would determine whether there will be a shadow or a flicker on the neighbor's property. Mattick stated that still may require a report. McMillan stated Staff will need to determine that. Gaffron stated he prefers the third option,but that he would agree to changing it to neighboring properties rather than structures. Gaffron indicated he also has no idea how much a flicker report costs. Mattick stated there should also be some sort of consensus on what constitutes a flicker report. Printup asked if the non-reflective surface would cover the flicker. Page 27 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,continued) Gaffron stated there could a flashing glare at certain times based on the type of turbine and where the sun is located and then there is the shadow. Gaffron stated in his view that is what the Council saw in one of the presentations,and that every time the blade passes in front of the sun,it causes a shadow. Levang stated she likes what the City Attorney has written with the verbiage neighboring residential property being inserted in there in place of structure. McMillan noted Item 15 will be deleted relating to ornamental wind devices. Gaffron stated the Planning Commission was not comfortable placing any standards for the commerciaUindustrial WECS. Mattick stated the other item for consideration is whether the Council is comfortable with having the required acreage being smaller in commercial and industrial zones than residential zones. The commercial and industrial zones are also identified as a more intense use area. McMillan noted the City does not have that many commercial or industrial zones. Gaffron indicated the commerciaUindustrial zone would primarily be near the Highway 12 area and that many of those are located close to residential areas. McMillan asked if Navarre is in the shoreland district. Gaffron indicated most of it is in the shoreland district. Gaffron stated if the City does not allow WECS in the shoreland,that would take out a significant part of Navarre. Walsh stated he does not see any reason for lessening the standards for commercial or industrial since they have to deal with all the same issues. Printup stated he would stick with the fall zones since it is a little more relaxed. Levang stated commercial is a more intense use and that there is the potential for more harm if the apparatus fell,which may magnify the safety issue. McMillan stated generally people associate wind turbines with being in the commercial or industrial areas and that she could see maybe relaxing the acreage standard in industrial zones. Walsh noted commercial businesses also tend to require higher power demands and that a wind turbine would likely not help that to any great extent. Walsh asked if the City could ban them in commercial districts. Mattick stated that is a gray area but that it is not an outright ban. Mattick stated he does not believe WECS have to be allowed in every district. Page 28 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,conNnued) Walsh stated one option could be to ban them in certain districts. Mattick stated the more places the City allows them,the less likely it is the ordinance would be struck down. Gaffron stated as it relates to safety, standards and certification,the ordinance states that the WEC systems shall meet minimum standards and must be certified. In addition,all grid connected systems shall have an agreement with the local utility prior to the issuance of a building perxnit. If the WEC system is abandoned or remains nonfunctional or inoperative for a continuous period of one year,the system shall be deemed to be abandoned and shall constitute a public nuisance. Gaffron stated he also does not have any idea whether the local utility companies have any interest in accepting electricity from a WEC system. Gaffron stated based on the discussion tonight, Staff can make some changes to the ordinance,but that the Council will need to determine what an appropriate lot size and setback is. Gaffron indicated he can bring back sketches of different sizes and shaped lots but that he is not sure how useful that will be. McMillan stated in her view the 300-foot setback is too restrictive but that she is not sure what it should be. McMillan indicated she likes the 10-acre lot size. Levang stated she does not want these devices to impact the neighbors and that the clustering of the homes need to be taken into consideration in addition to the lot size. Levang stated in her view the answer has to be setbacks or size of lots but that in her view five acres is not the answer. Levang stated she does not want to push this onto the backs of neighbors. Walsh stated whatever the Council does, it has to be defendable in court. Levang noted there is a significant nuxnber of five acre lots in Orono and that she does not want them to be worried about a wind turbine being installed in their neighbor's yard. Cornick stated what is holding the Council back is not being able to decide on what size lot the turbines should be allowed on. Cornick stated he likes the 10 acres because it simplifies things a little more. Walsh indicated he does not agree with the ten acres but that he would go along with it to keep things moving along. Cornick stated the size of the lot could always be changed if the City finds it is not working. Levang stated the City can always go down but it would be difficult to go up. McMillan and Levang indicated they are both fine with requiring ten acres. McMillan stated two good restrictions are the flicker and shadow not being allowed on neighboring properties. McMillan stated they could have two setbacks, 100 feet from the property line and no further than 150 feet from the house. Page 29 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (11. #14-3700 CITY OF ORONO—AMEND ZONING CODE—AMEND SECTION 78-1379: WIND ENERGY CONVERSION SYSTEMS(WECS)FIRST REVIEW,conNnued) Cornick asked if the Council should place some restrictions on how close it could be to the structure. Comick asked if someone could install one five feet from their house. Gaffron stated under the City's accessory structure ordinance, it would need to be ten feet away. Gaffron indicated he has not seen any other city code that requires a setback to someone's house for a WEC system. McMillan stated in her view that would be covered under the building permit but that Staff should perhaps take a closer look at that. McMillan asked if the Council has anything else on the commercial or industrial areas. McMillan stated the City does not have a lot of commercial or industrial property. Gaffron stated the industrial zone near Highway 12 consists of approximately 40 acres and only one of those properties has more than ten acres. Almost all commercial properties within the City are within the half-acre to three quarter acre. McMillan suggested Staff make the revisions to the residential sections and that the Council can think about the industriaUcommercial areas. Gaffron stated the revisions he has noted aze the requirement of 10 acres, 100 feet to lot lines, and at least within 150 feet of own house. Gaffron indicated he will make those revisions and mold the ordinance around those standards. Walsh noted the Council also talked about a flicker report or shadow and light report. Mattick stated it would be helpful to talk to someone about what a flicker report covers. Levang moved,Cornick seconded,to table Application No. 14-3700,City of Orono,Amend Zoning Code Section 78-1379: Wind Energy Conversion Systems(WECS). VOTE: Ayes 5,Nays 0. 12. #15-3708 CITY OF ORONO—AMEND ZONING CODE SECTION 78-1405(A)(8)— STANDARDS FOR FENCES AS A NON-ENCROACHMENT Gaffron stated the proposed amendment is intended to clarify how fence height is measured in order to address the permanence of fencing materials and to establish standards for the use of temporary fences. In addition,the average setback applicable to fence construction on lakeshore lots is clarified. The Planning Commission reviewed various diagrams of how various fence configurations might be measured and concluded that measuring fence height perpendicular to the slope rather than vertically. A potential issue for discussion is that on a steeper slope it is not likely someone would build a fence with angled posts. Page 30 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (12. #15-3708 CI1'Y OF ORONO—AMEND ZONING CODE SECTION 78-1405(A)(8)— STANDARDS FOR FENCES AS A NON-ENCROACHMENT,conNnued) In measuring fence height,a question that was originally posed was what should be considered the top of the fence. The amendment as initially drafted indicated that height should be measured from the top of any part of the fence, including vertical structural supports, lattice, ornate top design elements,and so forth. It was noted that a 6-foot screening fence with decorative post fmials extending above it would technically be out of compliance with this. The Planning Commission concluded that limited fmials above the top of the fence would be appropriate. The result is an exclusion of post finials from being considered as part of the fence,plus proposed text that states as follows: "Exception: post finials extending above the top of the fence shall not exceed 10 inches in width per finial and shall not extend above the top of the fence by more than 0 percent of the allowed maximum fence height at that location. A 6-foot fence would be allowed a 7-inchy finial above the top of the fence and a 42-inch fence would be allowed a 4-inch finial." As it relates to the average fence setback,existing code indicates a different way of defining the average lakeshore setback line for fences than it does for other structures. The Planning Commission felt the current terminology creates confusion and the line being defined for fences should not be called the average lakeshore setback line. Staff is in agreement with that and the Planning Commission recommended that term be removed. The language now reads as follows: "Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,and shall not exceed 42 inches in height for any portion located lakeward of a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the adjacent property abutting the side yard in which the fence is located. As it relates to non-standard lakeshore lots,the following text is proposed: "When the building site of a lakeshore lot is separated from the lakeshore by a public or private road,the following defmitions will apply for fence location purposes subject to the provisions of Section 78-1405(a)(8)a.2: When the yard on the opposite side of the building site from the lake does not abut a street,such yard shall be considered as a standard rear yard. The yard between the building site and the street shall be considered as a standard front yard." The Planning Commission also recommended the following additional text to Subsection E, fence construction and maintenance: "Fencing materials shall consist of permanent all-weather products. Temporary fencing improvements,which normally consist of materials such as snow fencing, silt fence, bio-retention logs or other types of products normally associated with construction projects, shall not be allowed to remain on the property following fmal inspection, or issuance of a Certificate of Occupany for a permitted construction project,or protection of property during a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a parcel." Page 31 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (12. #15-3708 CITY OF ORONO—AMEND ZONING CODE SECTION 78-1405(A)(8)— STANDARDS FOR FENCES AS A NON-ENCROACHMENT,continued) Gaffron stated at its January meeting,the Planning Commission held a public hearing on the proposed amendment with no public comments forthcoming. The item was tabled upon Staff's recommendation as it was deterxnined that the draft ordinance was incomplete and there were specific changes requested by the Planning Commission. A revised draft ordinance was reviewed at a second public hearing held on February 17. Following some revisions,the Planning Commission voted 5-0 to recommend approval. Levang stated Staff and the Planning Commission has done a good job with the draft ordinance. Walsh stated if someone would like a 4-foot fence rather than a 6-foot fence,he would allow a 7-inch finial standard so they would be allowed on a lower fence. Gaffron stated the proposed text reads as follows: "Exception: post finials extending above the top of the fence shall not exceed 10 inches in width per finial and shall not extend above the top of the fence by more than 10 percent of the allowed maximum fence height at that location." Gaffron stated a 6-foot fence would be allowed a 7-inch finial above the top of the fence and a 42-inch fence would be allowed a 4-inch finial. Gaffron stated to his understanding they would be allowed under the current language. Walsh asked what the reasoning is behind the 42-inch fence versus a 6-foot fence. Walsh noted someone would be allowed to plant a 6 or 7-foot fence. Gaffron stated City Code for decades has defined which yards can have which fences and that he is not sure why 42-inches was picked. Gaffron stated the way the Code has read is that someone can have a 6-foot high fence in a side yard,but on a lakeshore lot,that fence must be reduced to 42 inches. Gaffron stated it comes down to a visual impact. Walsh stated it seems to be a double standard since someone would be allowed a 6-foot shrub or bush but not a 6-foot fence. Walsh stated in his view permanent needs to be defined better as it relates to temporary fencing. Walsh stated the City needs to separate it out from someone who might put out silt fencing to aggravate their neighbor and that he would suggest placing a limit on it from October to March. Gaffron asked if he is saying that snow fencing has a limited or seasonal time period. Walsh indicated that is correct. Gaffron noted he also talked about temporary fencing shall not be allowed to remain on a permanent basis and that they need to define what permanent is. Walsh stated permanent could be in the eyes of the beholder and that perhaps the City Attorney has a better definition. Mattick stated without a definition,permanent is rather open-ended. Mattick stated they perhaps could get rid of the concept of temporary or permanent and simply have a limit on how long the materials are allowed. Page 32 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (12. #15-3708 CITY OF ORONO—AMEND ZONING CODE SECTION 78-1405(A)(8)— STANDARDS FOR FENCES AS A NON-ENCROACHMENT,continued) Walsh stated the other item he would like to add is that anybody who has an existing fence can rebuild or replace with a like,kind existing fence.Walsh stated in his view that would be fair. Walsh noted there is also a state statute that talks about that someone can rebuild with a like,kind structure, and that he would like to include that in the fence ordinance as well. Mattick stated that is state law and that someone does have the right to replace something in like,kind and quality. Gaffron stated that can be added and that he would like to bring the draft ordinance back in two weeks. Printup moved,Levang seconded,to table Application No. 15-3708,City of Orono,Amend Zoning Code Section 78-1405(a)(8)—Standards for Fences as a Non-Encroachment. VOTE: Ayes 5, Nays 0. 8:00 P.M.—HRA ANNUAL MEETING HRA meeting was held after Item No. 19. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 13. WATERTOWN ROAD AND STUBBS BAY ROAD Edwards noted earlier today he sent the City Council a copy of some of the cost estimates for the upcoming road projects. Edwards stated on the agenda tonight is Phase I of Watertown Road from Stubbs Bay to Old Crystal Bay and then Stubbs Bay to Watertown Road South. The City Council discussed last October that the project would be broken up into different phrases. At that meeting the City Council approved engineering services for surveying,design,and bidding of reconstruction by reclamation of Stubbs Bay Road. Edwards indicated he has a couple of revised numbers from what was included in the packet based on some information recently received from Bolton&Menk. The estimated costs for doing the section of Stubbs Bay Road from Watertown Road to Bayside Road is$382,360, and the estimate for Watertown Road from Stubbs Bay to Old Crystal Bay Road is$824,200. The revisions increased the number a little bit for Watertown Road and decreased it for Stubbs Bay Road,which resulted in the overall cost going down slightly. Edwards stated Watertown Road is an MSA eligible road but Stubbs Bay Road is not eligible for MSA funding. The funding sources for this project include$969,505 in MSA funding. Resources could also be allocated from other funds, such as the General Fund Reserve,which currently has$346,071,and the Permanent Ixnprovement Revolving Fund,which has a balance of$820,000. Both of these projects also include stormwater management and that portion of the project could come out of the City's stormwater funding. Page 33 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (13. WATERTOWN ROAD AND STUBBS BAY ROAD,continued) Another road identified in the City's CIP is Baldur Park Road. The initial engineer estimate for that road is$223,917. The City has secured funding from FEMA in the amount of$59,223. Assuming that Stubbs Bay Road is the priority project,there would be$142,000 that the City would still need to fund. Edwards stated the most likely source of the funding would come from the Permanent Improvement Revolving Fund,which currently has a balance of$820,000. Edwards noted if money is taken from that fund, it has to be paid back. If that has to be paid back in 2016 and the City has to levy for that amount, it would result in a 4.2 percent increase for every$100,0001evied. On a$600,000 home,the property owner would see a$46 increase in their taxes for 2016 to pay for that$100,000. Loftus stated part of the Baldur Park project consists of drainage improvements,which would also come from the stormwater fund. Edwards stated those costs are not significant and that they could perhaps use those funds for the curb and gutter. Loftus stated that portion would qualify for money from the stormwater fund and currently$40,000 would be available from that fund. Edwards stated there are also some culverts that could be funded from that. Walsh asked if Baldur Park Road is a total reconstruction. Edwards indicated it is. Walsh asked whether the City could do a reclamation on the City's portion. Edwards stated what he is recommending for Baldur Park is that the engineering work be completed to assess what is underneath that road and then determine what the City's possible options are. Edwards stated it will depend on what is underneath the asphalt. Loftus stated Staff did discuss Phase 2 and 3 earlier today and that they are looking at $1.2 million that is still unfunded for next year. Walsh stated there are a number of roads that are unfunded and that in his view some portions of Phase 2 may not be necessary. Walsh stated the portion of Watertown Road where the curve is located is in great shape. Walsh stated he would like to spend the money smartly. McMillan stated Long Lake will be asked to commit to the$133,000. Edwards stated when the Council talked last October,they did make the deliberate decision that Phase 1 would consist of the most heavily traveled section of Watertown Road and the most damaged or the section that is in the most need of repair would be in Phase 2. Edwards stated the overall funding for road projects is scheduled to be discussed at a future work session. McMillan stated she wanted to ensure the City had a funding source for Stubbs Bay Road. Page 34 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (13. WATERTOWN ROAD AND STUBBS BAY ROAD,continued) Printup moved,Levang seconded,to approve the project design for Watertown Road and Stubbs Bay Road and to authorize the solicitation of bids. Walsh asked if there is a timeline for the project. Martini indicated they are still waiting for comments back from MN/DOT,which they are hoping to receive by the end of next week. Once MN/DOT signs off on the project,then they will authorize the City to advertise for bids. Martini stated once the project is advertised,it is usually three weeks from the first ad to the bid opening. The best case scenario is the second meeting in April or possibly the first meeting in May. Walsh asked if the ad could also be included in the Blue Book,which is distributed free to contractors. Martini stated he would need to obtain that information from Council Member Walsh but that they could include the ad in there as well. T'here were no public comments on this item. VOTE: Ayes 5,Nays 0. 14. BALDUR PARK ENGINEERING SERVICES Edwards stated the proposal before the Council tonight is for engineering services. There is a not to exceed fee that Bolton&Menk has proposed to do for the preliminary engineering up through design and bid on this project. Edwards stated he would request the Council authorize Bolton&Menk to perform that work. Edwards stated once that preliminary work is completed of the conditions on the site,he would bring it back to the City Council before the final design work is started. McMillan asked how many soil borings are anticipated on Baldur Park Road. Martini stated four soil borings should be adequate and that they are attempting to determine how much asphalt is there as well as the base. Martini stated one of the questions they are addressing is whether they will need to start from the sub-base as well as how much pavement and aggregate exist on the roadway. McMillan asked if they are talking about starting from North Shore and reconstructing the entire road. Martini indicated they are. McMillan noted the manhole on the far north of the road has experienced quite a bit of heaving and asked what that is related to. Martini indicated that is likely due to the subgrade holding water. Martini stated they will need to look at ways to shed the water but that it will be challenging due to the elevation of the road and the high water table. Page 35 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (14. BALDUR PARK ENGINEERING SERVICES,continued) McMillan asked what shape the sewer utilities are in underneath the road. Martini indicated they will review that with the Public Works staff to see if any work needs to be done but that he is not aware of this being a problem area. Printup stated at the work session there was a discussion about different weight limits being posted. Printup asked when the Public Works Director would like to discuss that. Edwards stated if the Council wants to look at posting different weight limits on this road year-round,the Council can discuss that at anytime. Edwards stated the road will need to be built back up to what it should be regardless of any weight limitations that might be placed on the road after-the-fact. Edwards stated the normal weight limits run from March until mid-May and that the City follows the state guidelines. Edwards noted this is a residential street rather than a through street and that typically heavy trucks would not be going down that road unless one of the residents is having some work performed. McMillan asked why curb and gutter is being considered for this road since the City normally does not install curb and gutter. Edwards stated one reason for the curb and gutter is a request listed in a petition from the residents. Other reasons for curb and gutter are potential aesthetics as well as implementing ways to control the water that runs down that road. Edwards indicated he is not particularly set on curb and gutter at this time but that an argument for curb and gutter at the beginning of the road could be made but further down it might not be necessary. Edwards indicated they will be looking at that. McMillan noted the City has done bituminous curbs in the past. Edwards stated bituminous curbs tend to be more temporary and are damaged by the snow plows. McMillan stated in the past the Council has felt that curb and gutter create more of an urban look rather than rural,but that in this case it may be necessary to help direct the water. Martini stated one issue involved with keeping the water from the lake off the road is that the curb and gutter would provide a little more elevation if the water level of the lake raised. Martini stated they would only put curb and gutter in if it aids in the diversion of water and not for aesthetics. McMillan asked if there are any public comments regarding this item. John Nyquist, 1432 Baldur Park Road,asked whether speed bumps could be placed in the roadway. Nyguist stated the posted speed limit does not seem to help deter speeders. Martini stated generally they try to create an environment that makes it uncomfortable for vehicles to travel fast, such as narrower roads. Martini stated in this situation they are dealing with a dead-end road and that the residents are aware of where the traffic is coming from and that they have some ability to police it as a neighborhood. Martini stated he would recommend letting the natural environment help curb the speeds. Page 36 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (14. BALDUR PARK ENGINEERING SERVICES,continued) McMillan stated Orono is pretty good at having natural speed bumps all through the City and that the City does periodically receive requests for speed bumps due to speed concerns. McMillan stated the City had speed bumps installed in one area on Crystal Bay Road and that the residents had issues with them due to the noise and vibration. McMillan stated she personally finds it hard to drive fast on Baldur Park Road but that other people might not feel the same way. McMillan stated keeping the road narrow will help. Printup moved,Walsh seconded,to direct Bolton&Menk,Inc.,to commence survey testing and design for the Baldur Park Road reconstruction project. VOTE: Ayes 5,Nays 0. 15. NAVARRE STREET LIGHT AND SIDEWALK PROJECT—PAY REQUEST NO.5 Edwards stated before the Council tonight is Pay Request No. 5 for the Navarre streetlight and sidewalk project. Edwards stated the Navarre streetlight and sidewalk project is almost complete with the exception of some punch list items that will be completed in the spring. Walsh stated he wants to make sure enough money is retained to cover the punch list items. Edwards stated there is,and that the few punch list items include some minor sidewalk corrections, removal of some banner hangers on a light pole and a couple of other small items. Walsh asked how much those items would amount to. Edwards stated it probably amounts to$5,000 to$6,000 and that the City will be retaining$11,000. Walsh moved,Cornick seconded,to approve Pay Request No.5 for the contractor MP Technologies in the amount of$17,040.29 for the Navarre Street Light and Sidewalk Project. VOTE: Ayes 5, Nays 0. *16. 2014 SANITARY SEWER REHABILITATION AND MANHOLE LINING—PAY REQUEST NO. 1 Levang moved,Cornick seconded,to approve Pay Request No. 1 for the contractor Insituform in the amount of$176,770.21 for the 2014 Sanitary Sewer Rehabilitation&Manhole Lining Project. VOTE: Ayes 5,Nays 0. 17. CYGNET AND CHEVY CHASE PARK STATUS Printup stated he does not necessarily have a problem with changing the status on these two areas,but that in the Comprehensive Plan it is labeled as undesignated open space. Printup stated the only concern he had was whether there is the potential for future development if the City changes the designation of a park. Printup noted he is speaking generally and not necessarily for these two parks. Walsh stated it comes down to what are the consequences of doing this going into the future. Page 37 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (17. CYGNET AND CHEVI'CHASE PARK STATUS,conNnued) Levang stated Chevy Chase and Cygnet are drainage areas and not parks. Due to the topography,they are essentially ravines and that development of those areas is not possible. Edwards stated the concerns of the Park Commission were that these two areas are being advertised and listed as a park and that there is the possibility the City will put park resources into them when there is no recreational aspect to them. Edwards stated the City will continue to maintain them as drainage ways and natural areas. Levang stated people do go looking for them and are likely disappointed when they find out it is a ditch. Printup stated his concern related to the more global picture and how the defmition of parks may be clawed back. Printup stated if the designations are changed periodically, it may open the door to future development of those areas. Printup moved,Walsh seconded,to approve removal of the Chevy Chase and Cygnet Parks from the list of Orono Parks. Levang stated she is wondering why he feels that the definition of parks will be clawed back. Printup stated he has a concern with future Councils simply changing the designation. McMillan noted the City holds the deeds to those areas. McMillan stated she does not remember these two areas being a park when she was on the Park Commission. Gaffron stated as it relates to Cygnet Place, it was dedicated to the City as part of the subdivision that was done back in the 1960s. Gaffron indicated Chevy Chase is tax forfeited property that nobody wanted for development because it was a drainage way. Gaffron stated those two areas probably should never have been called a park. VOTE: Ayes 5,Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT,CONTINUED Edwards reported the water plant rehab is currently underway and some heaters were replaced at the Navarre treatment plant. The Public Works Department has also been keeping busy with tree trimming and removal at the city-owned parks. Edwards noted the seasonal road restrictions begin this Wednesday,March 11. The Public Works Department will be posting the signs on Wednesday and the police department will begin enforcing those restrictions on Thursday. Those will remain in effect until the state lifts their restrictions. Page 38 of 43 MINUTES OF THE ORONO CITY COUNCII.,MEETING Monday,March 9,2015 7:00 o'clock p.m. *18. PARKS COMMISSION VICE CHAIIt Levang moved,Cornick seconded,to approve establishment of a Parks Commission Vice Chair and to appoint Jan Berg to the Parks Commission Vice Chair position for 2015. VOTE: Ayes 5, Nays 0. *19. GOLF COURSE EMPLOYEE HIItE Levang moved,Cornick seconded,to approve the Wring of Susan Burns as clubhouse assistant. VOTE: Ayes 5,Nays 0. HRA ANNUAL MEETING Levang moved,Printup seconded,to recess the Orono City Council meeting at 11:11 p.m.,and to open the HRA meeting. VOTE: Ayes 5,Nays 0. (The City Council meeting was recessed from 11:11 p.m.to 11:13 p.m.) Levang moved,Walsh seconded,to reconvene the City Council meeting at 11:13 p.m. VOTE: Ayes 5,Nays 0. MAYOR/COUNCIL REPORT Walsh stated he attended a meeting at the Fire Department with representatives from seven other cities where they were assessing the future possibilities of cooperation between the cities. Walsh stated the Fire Department currently works together on equipment training but that they are looking at other potential ways to cooperate with the local cities. Walsh indicated some of the smaller cities are experiencing some issues with equipment costs and insurance ratings and that they are exploring entering into some type of joint agreement so they do not need to acquire additional bigger equipment. Levang sated the latest issue of the City's newsletter has recently come out and that she has received lots of good compliments about it already. Levang reported she attended the Park Commission last week and that the Park Commission has assigned one main commissioner as well as a backup person to every park. The Park Commission also discussed possible changes to the website to make it more user-friendly and a meeting has been set up for Friday to discuss that item. Levang stated a meeting with the Navarre Initiative has been set up for Friday and that they will be talking about the pop-up demonstration project and in particular the farmer's market. McMillan stated as it relates to the Whelan property access issue, she received a phone call from Former Mayor Lou Oberhauser,who has been working with the Whelans on their access. That resulted in a meeting with the City Attorney,Mike Gaffron and herself last week. McMillan stated at that meeting he provided some information the City has not seen before,which was an access that was surveyed by Surveyor Mark Gronberg located further west. Page 39 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (MAYOR/COiJNCIL REPORT,continued) McMillan stated that access is not as steep and that Staff will be looking at it. McMillan indicated that item may be back before the City Council at the next work session. McMillan stated the Long Lake Rowing Club also has a concern about access to their site due to the construction at the old Billy's Lighthouse property. McMillan stated it appears the rowing club will be able to fit their boats in but that she asked Staff to look at what issues there might be if the rowing club used Summit Beach. McMillan indicated StafPs comments have been passed on to the group and that at the present time it appears the Long lake Rowing Club will be continuing to use their usual site. CITY ADMINISTRATOR'S REPORT 20. REQUEST FOR PROPOSALS (RFP)FOR COMPENSATION STUDY Loftus stated the City Council has discussed employee compensation many times during the past two budget years and that before the Council tonight is a request for proposals to conduct a compensation study. The compensation study would assist the City in looking at internal and external equity as well as demonstrate fiscal responsibility as it relates to employee compensation. Loftus stated it is an issue that will probably need to be addressed with the 2016 budget and that the City Council has talked about whether it would be worthwhile to look at those factors. Loftus stated this item is now before the Council to see if they are interested in obtaining that type of information. Loftus stated the three main elements of the compensation study are as follows: A job evaluation/pay equity review,which is a state requirement; an external market analysis for non-union employees; and a compensation structure review. Loftus noted the City has modified the step system a number of times over the past few years to add steps and that Staff's memorandum outlines the stated goal of the study as well as the project components. Loftus stated they would like to advertise for 30 days,with the results of the study being received sometime in June prior to budget discussions. McMillan asked when Staff normally completes their report. Loftus stated the next report is due in January. Loftus indicated it usually takes a month or two to complete the study so it will probably be fmished by the end of December. Loftus stated it has been nine years since the City's point system has been updated and that the City has created some new positions since that time. Loflus stated pay equity is based on job points and that the report would give the City the methodology to calculate those points for a few years. Levang stated it would seem after nine years the City needs to take a look another at it. Levang indicated she is in favor of going forward with the RFP since it will take the City where it needs to go and that Staff would appreciate the Council being proactive. Walsh asked for clarification on the classification and compensation system testing that needs to be done every three years. Page 40 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. (20. REQUEST FOR PROPOSALS(RFP)FOR COMPENSATION STUDY,continued) Loftus stated that is one of the three elements of the study and that there is a state statute that the City is required to comply with. Walsh asked if the City is going above and beyond that. Loftus stated the last time the point system was developed was nine years ago and that Staff is proposing, given the new positions and the passage of time,that the City undergo this study to make sure the methodology and point system is still accurate so that in December,when the report is started,the City is meeting that requirement. Walsh asked if the City would just need to fill out a report again. Loftus stated the City has to fill out the report whether they go ahead with the study. Loftus indicated the study would help the City know what the point system is and ensure that the methodology they are using is correct. McMillan stated the pay equity relates more to gender and that the study would show how Orono compares to other cities in their compensation. Walsh asked if anyone has any idea of what this would cost. Loftus stated in looking at what other cities have done, Staff is anticipating around$15,000. In 2006 the City Council approved$19,000 for the study but only one component out of three was completed since there was a transition in the city administrator position. Walsh stated he does not have a problem with having more information but that he wants to make sure the City has the money to spend on the study. Walsh asked if the League of MN Cities akeady has this information. McMillan stated the City can decide not to do it after getting the RFPs. Loftus stated the City has relied on the salary surveys that are available through the League of MN Cities every budget cycle but that the League of MN Cities will not evaluate Orono's job positions and provide a point value. Loftus stated there are so many differences between cities that it is sometimes hard to determine what you should be comparing the positions to. Walsh asked how long this study would be good for. Loftus indicated the study would be good for at least three to five years and that the City has used the last analysis for the past nine years. Loftus stated the external market analysis will provide a good basis of where the City wants to be in the market with the compensation. Loftus stated in her view it would be helpful for Staff to know that paying market rate is important to the City Council but that Staff understands they need to be fiscally responsible. Walsh stated in his view the City is doing a good job since not a lot of people are leaving. Walsh asked if Staff has been expressing complaints about the pay structure. Page 41 of 43 MINUTES OF THE ORONO CITY COUNCII..MEETING Monday,March 9,2015 7:00 o'clock p.m. (20. REQUEST FOR PROPOSALS(RFP)FOR COMPENSATION STUDY,continued) Loftus noted the City did just lose its public works director due to compensation. Loftus stated the biggest issue is the disparity between the union and nonunion employees. Cornick stated he does not see the need to include the police department since it is pretty much controlled by the union. Loflus stated the market analysis would exclude the police department but that the job analysis needs to be done since the City needs to report on pay equity between men and women. Loftus stated the study will assign a number to a police officer position,and as long as the City is paying men and women the same amount for performing similar duties,the City is meeting the state requirement. Loftus stated the study will not have a lot to do with negotiation. Cornick asked how bound the City is to follow the results. Loftus stated if the state finds inequities,the City would be bound to that and the state may assess fees. As it relates to the compensation component,Loftus indicated she is in agreement that the union should be left out and that the results could possibly have repercussions. Loftus stated compensation studies are common in cities and employees are typically not excited about it since it could go either way. Cornick stated if the City goes ahead and commits to it,then the City should agree to rely on the information. Cornick stated the City cannot get the information and then ignore it. Printup stated he likes the information gathering through an independent study as opposed to the League of MN Cities because each city is providing the information and it could be manipulated; whereas,this independent study cannot be. Loftus indicated she is bringing this before the City Council now so they would have the results in time for budget discussions. Levang moved,Cornick seconded,to approve the advertisement of the Request for Proposals for the employee compensallon study. VOTE: Ayes 5,Nays 0. CITY ADMINISTRATOR'S REPORT,CONTINUED Loftus noted Staff has met with Kraus Anderson and that they are in the process of creating a punch list. Loftus stated following the recent improvements,the drainage in the parking lot appears to be much better. Loftus stated the City has received 18 applications for the community development position and that they will be interviewing some of the candidates on Monday. *21. ORONO POLICE GARAGE—PAY REQUEST NO.6 Levang moved,Cornick seconded,to approve Pay Request No.4 in an amount totaling$34,417.31 for the work performed on the Orono police garage. VOTE: Ayes 5,Nays 0. Page 42 of 43 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,March 9,2015 7:00 o'clock p.m. *22. ACCEPT DONATION—RESOLUTION NO. Levang moved,Cornick seconded,to adopt RESOLUTION NO.,a Resolution Accepting a Donation from Gregg and Denise Steinhafel for use at Crystal Bay Park. VOTE: Ayes 5,Nays 0. *23. LICENSES &PERMITS—RESOLLJTION NO. Residential Kennel Licenses 1. Britt and Richard Gage 2180 Abingdon Way 2. Frank and Melissa Plachecki 3685 North Shore Drive One Day Gambling Permit 1. Orono Baseball Association Raffle held on May 2,2015 Levang moved,Cornick seconded,to approve the above-listed licenses. VOTE: Ayes 5,Nays 0. Levang moved,Cornick seconded,to adopt RESOLUTION NO.,a Resolution Approving the Minnesota Lawful Gambling Application for Exempt Permit of the Orono Baseball Association for a One-Day Gambling Activity. VOTE: Ayes 5,Nays 0. *24. CLAIMSBILLS Levang moved,Cornick seconded,to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. ADJOURNMENT Printup moved,Walsh seconded,to adjourn the Orono City Council meeting at 11:40 p.m. VOTE: Ayes 5,Nays 0. ATTEST Diane Tiegs, City Clerk Lili Tod McMillan,Mayor Page 43 of 43 MINUTES OF THE ORONO HRA MEETING Monday,February 9,2015 8:00 o'clock p.m. 8:00 P.M.—�IRA ANNUAL MEETING Roll Call The Orono HRA met on the above mentioned date with the following members present: Mayor Lili McMillan,Council Members James Cornick,Jr.,Lizz Levang,Aaron Printup,and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Senior Planner Michael Gaffron,City Planner Melanie Curtis,City Attorney Soren Mattick, and Recorder Jackie Young. Mayor Lili Tod McMillan called the HRA annual meeting to order at 11:10 p.m. APPROVAL OF AGENDA CONSENT AGENDA Printup moved,Levang seconded,to approve the Agenda as submitted. VOTE: Ayes 5,Nays 0. APPROVAL OF MINUTES 2. HRA MEETING OF FEBRUARY 11,2013 Printup moved,Cornick seconded,to approve the minutes of the February 11,2013,HRA meeting as submitted. VOTE: Ayes 5,Nays 0. BILLS AND COMMUNICATIONS None CITY ADMINISTRATOR'S REPORT Loftus stated in past years the Council has elected a chair,vice chair,and a secretary,which is the only action item being requested at this meeting. Loftus stated in the past Finance Director Ron Olson has been elected the secretary and the Chair has been the Mayor. 3. ELECTION OF OFFICERS Walsh moved,Cornick seconded,to appoint Lili Tod McMillan as HRA Chair,Aaron Printup as Vice Chair,and Ron Olson as Secretary. VOTE: Ayes 5,Nays 0. REPORTS OF COMMITTEES None LTNFINISHED BUSINESS None Page 1 of 2 MINUTES OF THE ORONO HRA MEETING Monday,February 9,2015 8:00 o'clock p.m. NEW BUSINESS None ADJOURNMENT Printup moved,Levang seconded,to adjourn the Orono HRA meeting at 11:13 p.m. VOTE: Ayes 5,Nays 0. ATTEST: Diane Tiegs,City Clerk Lili Tod McMillan,HRA Chair Page 2 of 2 �� 02 � COUNCIL MEETING MINUTES OF THE MAR 0 9 2015 ORONO CITY COUNCIL WORK SESSION February 23, 2015 C�TY OF ORONO 5:00 o'clock p.m. s PRESENT: Mayor Lili Tod McMillan, Council Members Jim Cornick,Jr., Lizz Levang,Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus, Finance Director Ron Olson, Senior Planner Michael Gaffron, City Planner Melanie Curtis, Public Works Director/City Engineer Adam Edwards, Police Chief Correy Farniok, City Attorney Soren Mattick, and City Clerk Diane Tiegs 1. Street Funding Discussion (moved to accommodate residents present for the discussionJ a. Baldur Park Road Improvements Public Works Director/City Engineer Adam Edwards reported that the Baldur Park Road is in need of being rebuilt and it is timely to use FEMA funds from the flooding damage that occurred to that road. The initial estimate for rebuilding the road is$223,917 with $59,223 available in FEMA funds that can be used towards that project. The City has 18 months to make use of the FEMA funds for the flooding repairs. The timeline for this project is to present a proposal to Counci)for approval during a March Council meeting, award the contract in May with construction completed by October 2015. Council discussed the curb and gutter portion of the quote request. Edwards stated the soil is poor and by installing curb and gutter it will assist with drainage. He also noted that curb and gutter were added to the quote because of a petition received from residents in that area. Council discussed additional signage imposing tougher weight restrictions to conserve the roadway. Edwards stated seasonal weight restrictions of 4 ton are in effect annually each spring from mid March to mid May. The road is primarily used by the residents and the stringent restrictions would affect the resident's services for their garbage or occasional projects that require heavier truck delivery. Edwards will contact Bolton & Menk to prepare an engineering proposal to be presented at a March Council meeting. Printup would like axel weight limits included in the report. b. Watertown Road Watertown Road shares a boundary between the cities of Orono and Long Lake. Long Lake is considering a full reconstruction that will include utility replacement on the portion of Watertown Road located between Brown Road and Willow Drive in 2016. The City of Long Lake has approached Orono with a proposal to consider a joint project. Long Lake would lead the project with Orono participating in a joint financial arrangement. Orono is City Council Work Session February 23,2015 Page 1 N 4 currently responsible for 29.5%of that roadway. The Orono City Council suggests using reclamation costs as a basis for the cost sharing. The consensus was to move forward with the next steps. 2. Code Enforcement Discussion City Attorney Soren Mattick reviewed pro-active code enforcement. Criminal code violation complaints sent to his office are usually misdemeanor and currently there are three or four cases to process. The judicial process could be replaced by a course of action currently used by the City of Burnsville. Their process is that the initial property inspection has no fee but the City charges the property owner inspection fees which increase for each subsequent inspection. If the fees are not paid according to Statute 429 municipalities can do a special assessment to the property taxes. Code violations are difficult to enforce and judges do not want to spend their time on these types of citations. Walsh wants Staff to act immediately if they become aware of violations. Council Member Printup is uncomfortable with proactively seeking code violation issues. Planning and Zoning is reviewing City Code language to address City Codes that may need amendments or revisions. Council agreed the re-inspection fee charge used by the City of Burnsville is good model and allows the City authority to assess fees that are not paid. Planning and Zoning will prepare a draft for Council review of the proposed inspection fees using the City of Burnsville's model. Council also discussed that senior citizens may need assistance should a City Code violation be rendered. 3. Prosecuting Attorney Police Chief Farniok presented background information on the City's current Prosecuting Attorney Services from Ken Potts. Both Mound and Minnetonka Beach use the same prosecuting attorney which makes prosecuting violations more efficient. Walsh feels that the City has not been served well by the current prosecuting attorney. Council Member Cornick stated that having served as an Orono Police Officer he has found Attorney Potts' services to be thorough and outstanding. Farniok reminded the group that the prosecuting attorney represents the City's best interest not the resident that has been charged. After further discussion Council decided that Prosecuting Attorney Potts should attend Council meetings to present updates once or twice a year and the Police Advisory Commission would discuss prosecuting services. 4. Wellhead Protection Ordinance Walsh requested more discussion on the Wellhead Protection Ordinance. Loftus stated that the Wellhead Protection Ordinance was acted on at the February 9, 2015 Council meeting. City Council Work Session February 23,2015 Page 2 e � The Ordinance was approved with a vote of 3 ayes and 2 nays. Walsh said he perceives this as a property rights issue. Attorney Mattick researched the legal side and reviewed the State statutes. The MN Department of Health supports city regulation of wells to prohibit new private wells from being installed if public water supply service is available. This reduces the possibility of contaminants finding their way into the City water supply. Edwards spoke to why communities are limiting private wells. He reviewed the City's approved Wellhead Protection Program including education and code practices. Mayor McMillan stated that the City has an investment in the City's utility infrastructure and the Ordinance is in place to protect that infrastructure and the water source. Navarre has 12 wells versus 400 homes that are currently serviced. Citizens with wells can continue to use their wells until they fail. The Ordinance can be amended at a later date should a problem arise. Cornick stated that the Council needs to work together and this Ordinance was approved, should stand as approved, and move forward. 5. Public Input at City Council Meetings Clarification was requested on the agenda form that addresses public input at the Council meetings. After Council discussion there was consensus that the wording would be: The public is invited to address the Council regarding any item on rhe regular agenda when it comes up for discussion. If your topic is not on the agenda, you may speak during the Public Comments section. 6. Imaging Project City Clerk Tiegs provided Council with an update on the Laserfiche software. She requested support for document scanning. Council discussed posting the part time position on the City website. 7. Future Work Session Topics Walsh requested that cell tower leases be added to a future work session agenda for discussion. Mayor McMillan stated roads are a priority for discussion at the March work study session. 8. Adjournment 6:58 p.m. ATTEST Diane Tiegs, City Clerk Lili Tod McMillan, Mayor City Council Work Session February 23,2015 Page 3 , MINUTES OF THE COUNCIL MEETING � ORONO CITY COUNCIL MEETING Monday,February 23,2015 MAR 0 9 ZQ15 7:00 o'clock p.m. ROLL CALL � The Orono City Council met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan, Council Members Jim Cornick,Jr.,Lizz Levang,Aaron Printup, and Dennis Walsh. Representing Staff were City Administrator Jessica Loftus,Finance Director Ron Olson, Senior Planner Michael Gaffron,City Planner Melanie Curtis,Public Works Director/City Engineer Adam Edwards,City Attomey Soren Mattick,and Recorder Jackie Young. Mayor McMillan called the meeting to order at 7:04 p.m., followed by the Pledge of Allegiance. APPROVAL OF AGENDA Item Nos.4, 6,and 11 were added to the Consent Agenda. Item No.2 was removed from the Consent Agenda. Printup moved,Walsh seconded,to approve the Consent Agenda as amended. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES 2. REGULAR CTTY COUNCIL MEETING OF FEBRUARY 9,2015 McMillan requested the minutes be corrected on Page 25 to read$24,000 rather than$2,400 under revenue for the golf course. Printup moved,Cornick seconded,to approve the minutes of the Orono City Council meeting of February 9,2015,as submitted. VOTE: Ayes 5,Nays 0. PLANNING COMNIISSION COMMENTS—DENISE LESHINEN,REPRESENTATIVE Leskinen stated she had nothing to report but would be available for questions. PUBLIC COMMENTS James Anderst,Narrows Saloon,indicated he is in the process of remodeling a portion of the building on his property to accommodate a restaurant.He has been informed by the Metropolitan Council that he is required to pay SAC charges in the approxixnate amount of$10,400. Anderst stated the building has been in existence since the late 1940s.A Laundromat, dry-cleaners, and hair salon once occupied the space where the restaurant is going. The Metropolitan Council has informed him that he needs an affidavit from the City of Orono indicating what was in that building. Anderst stated the City does not have records going back this far but that he has pictures of the building from the Gallery of Navarre that recently was published. Anderst indicated the pictures are taken in the 1950s. Anderst stated he now needs an affidavit from the City stating that this is what was in there. Anderst stated in his view he does not feel there should be SAC fees from the Metropolitan Council and that he is willing to fill out the affidavit if someone from the City will sign it. Page 1 of 18 MINLTTES OF THE , ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Anderst stated City sewer and water was installed during 1965, 1966,and 1967 but the City does not have records going back that far. McMillan stated she is not awaze of how the Metropolitan Council computes their SAC charges but that it appears they are charging Mr. Anderst on a restaurant calculation. Senior Planner Gaffron stated the City does not have any indications as to whether or not a statement of what the occupants of the building were in 1955 would be useful to the Metropolitan Council,but if that is information Mr.Anderst can provide, Staff can look at it. Gaffron noted the City does not have water use data or square footage data going back before 2002 since it was not required to be kept. Gaffron stated to the extent the City can provide an affidavit that there were uses in the building in the past,they can do that,but whether it will resolve the SAC charges situation,he is not sure. Council Member Walsh stated the City could determine that by just generally verifying that with City records and talking with people. Gaffron stated the only records the City would have would consist of photographs and word of mouth. Walsh asked Mr.Anderst if the Metropolitan Council stated that the affidavit would help them make a determination even if the City cannot tell them how much water was provided. Anderst stated if there are no water usage records,it would be hard to prove that,but that he would just like an affidavit from the City saying this is what was in there. Anderst stated in his view there should not be a SAC charge on a building that has existed for 70 years. Walsh stated if the City provides an affidavit; it would be up to Mr.Anderst to work with the Metropolitan Council on the SAC charges. Council Member Levang asked if the City has business licenses from that period. Gaffron stated the City does not and that Staff has looked through a number of pertinent files that may contain that type of information but have not been able to locate any for this building going back that far. Council Member Printup stated it is reasonable and makes sense for the City to provide something since they are aware of what has been there. Gaffron stated prior to the 1960s,the City has virtually no records that are still in existence and that they would need to rely on photographs. Walsh asked if he has an example of something he would like the City to write. Anderst indicated he has provided that to the City Clerk. Levang noted the City Council does have a letter put together by the City Clerk with the information that Mr. Anderst provided. Page 2 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. PUBLIC COMMENTS (continued) Anderst stated in his view it does not make sense that someone should be penalized for owning a piece of property simply because the City does not have records. Council Member Cornick asked if the Metropolitan Council has said what they will do once they receive the letter. Anderst stated they have not and that he is merely asked for an affidavit stating what was in there. Levang asked if there is any other documentation that the book contains or that the author might have. Anderst indicated he just has what is in the book. Levang stated the author may have information her files that would be helpful and that he may want to consider getting in touch with her. Anderst stated the book has dates and pictures. Anderst stated at that time everybody was required to hook up to the sewer line. Walsh asked if the City has any issues with why they should not do something like that. Gaffron stated he does not see any issues with it but that he is not sure what value it would have. Loftus stated the City typically will verify something based on their records but that they could perhaps phrase the affidavit very generically. McMillan asked if the Metropolitan Council is saying that because this is a bar and restaurant that he is incurring more SAC charges than a beauty salon. Anderst stated he did not understand it to be that way either but that he needs to prove there were a hair salon and a laundromat in the building,both of which used water. Gaffron requested Mr.Anderst contact him this week in order to put something together. PLANNING DEPARTMENT REPORT 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 Gaffron stated the City Council reviewed a brief draft ordinance at their February 9,2015 meeting and had a number of questions that have been addressed on Page 2 of StafPs memorandum. Gaffron stated the questions primarily related to the level of construction of low retaining walls or planter beds and whether a person should be required to obtain a building permit. Page 3 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTiTRE SETBACKS—ORDINANCE NO. 139 (continued) Gaffron stated until this piece of the code was misinterpreted last summer; it has not been an issue. Gaffron stated the City in the past has defined a retaining wall and the City Code scarcely addresses them. Gaffron stated this issue may have grown into something bigger than it needs to be,but that the City Cou.ncil should go through some of the potential changes that can be made to the Code. One of the issues that have been discussed previously is the proximity of planter boxes and retaining walls to the property lines. Council suggested at the last meeting that a planter box up to two feet high and involving up to 20 cubic yards of fill be allowed as close as two to three feet from the side or rear lot line without a permit. Staff would be comfortable with allowing a 2-foot high wall or planter bed involving ten cubic yards as close as five feet from the lot line without a pernut,but that in situations where there is less than a 5-foot setback,the wall is higher than two feet, and more than ten cubic yazds of fill are involved,there should be an administrative permit. Staff's reluctance to allow for less than a 5-foot setback without at least an administrative permit is that on narrow lots drainage can be a concern. Staff feels retaini.ng walls and planter boxes need to be located and designed so as not to impede drainage between and across adjoining properties. In addition,while maintenance,safety, and visual impacts are less of an issue,they should be reviewed. Staff would also recommend that any wall or planter box to be located less than five feet from a property line or less than ten feet from the traveled roadway require an administrative pemut to ensure review of the drainage and other potential neighborhood impacts and to determine whether a conditional use permit should be required. Another factor to consider is whether the retaining wall or planter box would be located in the shoreland. Gaffron stated shoreland regulations are pretty much the same in all cities and basically state that without a permit, someone is allowed up to 10 cubic yards on a steep slope or within the bluff impact zones without a permit and up to 50 cubic yards would be allowed outside of steep slopes or bluff impact zones. Gaffron noted Orono's current code requires a permit to for that. In addition,current City Code functionally prohibits any amount of filling or earth movement without a conditional use permit. There is an exception to the conditional use permit requirement for earth movement of less than 500 cubic yards which does not adversely impact existing drainage,but this still requires a land alteration permit for such activity. Gaf&on stated if up to 10 cubic yards is going to be allowed to be placed for low walls or planter beds without a permit,and then it follows than 10 cubic yards of fill should be allowed without a permit anywhere in Orono. Gaffron stated in order to make this code change,the City will need to publish and hold a public hearing as this change was not anticipated nor published as part of the original retaining wall as a non-encroachment proposed amendment. Gaffron stated in regards to encroachments within road right-of-ways,this is addressed to a great extent already in the City's Code. Currently the public road is considered by defmition the public property between laterallot lines, and when the street is not platted, includes ten feet either side of the actual paved or traveled roadway surface. City Code currently requires a permit for placement of any obstructions within a street. Page 4 of 18 MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTLTRE SETBACKS—ORDINANCE NO. 139 (continued) The use of an encroachment agreement or a"hold harmless agreement"has been commonly employed as a method of allowing encroachments within right-of-ways by placing limitations on the use and establishing that such improvements may have to be removed and are allowed at the owner's risk. The intent of the current code revision was to merely reiterate that it is not acceptable to have retaining walls directly abutting the road right-of-way without City approval. Staff would suggest that the proposed wording be revised to include a clarification that walls cannot be within a platted or dedicated road right-of-way, and when the platted right-of-way is extremely narrow or is neither platted nor dedicated,walls may not be placed within ten feet of the traveled roadway. Gaffron stated if there is a need to define retaining wall,it would be to distinguish a retaining wall from other types of walls. A planter box functions to retain the earth inside it, so it functionally is a retaining wall and should be regulated as such. A wall that is open on both sides likely functions as a fence and should be regulated as a fence. A wall or fence greater than six feet in height that is open on both sides needs to meet principal structure setbacks. Gaffron stated Section 1 of the draft ordinance pmposes the following: a. Retaining walls may be located in all required yards when all of the following conditions are met: 1. The structure is located at least ten f�t from the edge of the traveled roadway. 2. The structure is not located within a drainage,utility, or other easement,except upon approval in writing for an encroachment agreement by the city; or similar approval from another regulatory and/or utility agency; 3. The structure creates no impacts to drainage direction,rate,or volume for adjacent properties. b. Retaining walls which do not exceed two feet in height above existing grade,which are located within the property and at least five feet from any property line,and for which the amount of imported fill associated with the structure does not exceed ten cubic yards,do not require a building or land alteration permit. c. Retaining walls exceeding two feet in height above existing grade or for which the amount of imported fill associated with the structure exceeds ten cubic yards or which are located less than five feet from a property line, shall require a land alteration permit and,upon recommendation of the building inspector,may require City Council review or a conditional use permit per the provisions of Section 78-967. d. Retaining walls exceeding the allowed height of a fence in a given required yard shall be located so as to meet the required accessory structure setbacks established for that yard. Page 5 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 (continued) Section 2 would add the following definition of a retaining wall: "Retaining wall means a wall or similar structure designed and constructed to hold back and prevent lateral movement of earth or other landscaping materials. Gaffron stated the City Council should consider the draft ordinance and make whatever changes they feel are appropriate. Printup noted at the last meeting he asked about fences and that a fence is currently allowed right up to the lot line. Gaffron stated fences are allowed right up to the property line but not on it or over it. Walsh stated that is the dichotomy of the whole thing and that people are allowed currently to put a fence near the property line or a row of shrubs. Walsh noted at the last meeting the City Council had generally agreed that two feet from the property line would be okay and up to 20 cubic yards. Walsh stated it was his understanding the Council was going to discuss Item A(1)since it would technically prevent someone from placing a railroad tie there but yet someone could put a 6-foot high row of hedges. Walsh stated in his view there are some things that do not seem to make sense in terms of height. Printup stated that is why he asked the question about fences being allowed right up to the property line. Printup stated he would hope the Council would be okay with a 2-foot retaining wall. Printup stated in looking at what the other cities allow,Orono is not even close. Gaffron stated Orono's Code has been more restrictive than other cities and that it has been frustrating for Staff at some level knowing that any grading on someone's property technically requires a permit. Walsh stated two feet would allow someone to maintain it without stepping on the neighbor's yard,which was the reason why two feet was felt to be okay. McMillan stated she has gone back and forth on this issue but that in her view five feet is necessary to protect that zone. Walsh stated five feet on either side would really impact a 50-foot wide lot. Gaffron stated it is the smaller lots that tend to have more issues with drainage. Levang stated the narrow lots are problematic since there needs to be room for drainage and that she is very comfortable with what Staff is recommending. Levang noted there have been a number of problems with drainage on Maple Place due to the narrow lots. Levang stated the ordinance is essentially saying ten cubic yards or one truck load is reasonable as well as five feet from the lot line. Levang stated in her view it will make StafPs job easier as well as make it eyuitable for all citizens. Walsh stated he is receiving complaints from people who own small yards about not being able to use all of their yards. Walsh stated this ordinance would restrict those small lots even further. Page 6 of 18 MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 (continued) Levang stated that five feet allows for proper drainage and that the issue is to ensure someone has enough land so water can be diverted properly. Public Works Director/City Engineer Edwards noted the proposed ordinance does not prohibit people from putting things in that area but that it requires an administrative permit,which allows Staff to review it. Edwards stated the number one call relates to the roads and that the number two call typically deals with drainage being diverted onto a neighbor's properiy. Walsh stated the Code already addresses that. Gaffron stated the Code does not administer itself and that sometimes it is not possible to approve something without having a plan in front of you to review. Levang stated it sounds like Staff would like to review a plan to make sure something can be placed within five feet. Edwards stated a lot of the properties have drainage ways along the property lines and the ordinance would allow Staff to review the drainage. Edwards stated people sometimes innocently will do something in that area resulting in water going into the neighbor's property. Walsh stated the ordinance would force people to come in for a permit for something that is very minor. Edwards stated a raised planter box does not typically create the issues that a retaining wall or a planting bed would. Edwards noted a properly installed fence has some clearance underneath it to allow water to go under it. Walsh stated a planter box would fall under the same definition as a retaining wall since it is holding the earth back. McMillan asked whether the language should say right-of-way easement in Item No.2 rather than the structure is not located within a drainage,utility,or other easement. Mattick stated in his view that would be covered by the other easement. McMillan stated she was attempting to figure out the right-of-way piece. McMillan stated on her street the south side has maybe a 15-foot right-of-way and the north side has five feet. McMillan asked if the ordinance would mean that no structure can be on the south side in that 15 feet if the right-of-way varies. Mattick indicated it would be from the edge of where the right-of-way shows up on paper and necessarily where the road is. Mattick stated everyone usually assumes the road is located in the middle of the right- of-way,which is not always the case. McMillan stated ten feet from a traveled roadway can be different from where the right-of-way is. Page 7 of 18 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTiTRE SETBACKS—ORDINANCE NO. 139 (continued) Gaffron stated the intent is to not have obstructions, such as a retaining wall, within ten feet of the traveled roadway. Gaffron stated if the ten feet ends within the right-of-way or eight feet into someone's property,the intent would be the same,which is to prevent obstructions in that area. Printup stated that has nothing to do with drainage but deals with the right-of-way. Gaffron stated it relates to snow plowing and storage. Printup stated that raises the issue again of allowing a fence in that area. Levang noted fences are not allowed in a front yard. Gaffron stated the Code says that ten feet past the pavement is considered the right-of-way and is an area where there should not be obstructions. Gaffron stated the Code does not deal with vegetative materials. McMillan asked how this would impact the application on Crystal Bay Road and whether an encroachment agreement would be required. Gaffron indicated that is an unusual situation since it is not a platted road but is a 20-foot wide traveled road. The applicants in that situation are going off a parking area that is eight to ten feet wide and 30 to 50 feet long and replacing an existing retaining wall system that has to be somewhere on the property to hold up the grade. Gaffron stated if there had not been a wall there previously,the City likely would be looking at it differently. McMillan asked what would happen under this ordinance if someone wants to replace an existing retaining wall. Gaffron stated it will likely trigger at least an administrative permit. Walsh asked if Public Works is comfortable with requiring the 10 feet. Edwards stated the ten feet is standard. Edwards stated sometimes items are within that right-of-way,but that the ordinance would provide the process of reviewing for obstructions and for the safety of people using that right-of-way or roadway. The Public Works Department does periodically have issues with nonstandard,unauthorized mail box structures that pose a hazard to people right next to the road and that sometimes the geography of the City says it has to be here. Edwards stated the ordinance would just require someone to go through the process so Staff can review it and that the Public Works Department has had to ask people to move landscape rocks and other structures that were placed next to the roadways. Walsh asked why ten feet is felt to be necessary. Edwards stated ten feet is a nice median but that there are places where the road dces not sit in the middle of the right-of-way. Edwards indicated he does not have any hard and fast data that says 10 feet should be the number but that it is a nice median and easy to visualize. Page 8 of 18 . MINUTES OF THE ORONO CITY COUNCII.MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 (continued) McMillan asked if Staff sees five feet as a problem. Gaffron stated the Code talks about what is considered a public road and that prohibition of items within the dedicated right-of-way or ten feet on either side of a paved road has been in the Code for decades. Gaffron stated he is not sure if five feet is better but that there might not be suff'icient room to park a car on the side of the road if there is only five feet. Gaffron stated Staff will not require something be removed if it has existed for some period of time and is not currently an issue,but that this would prevent it from happening in the future. Edwards stated Staff will look at a plan to see what materials are being proposed for use and to determine the type of impact it will have if a vehicle hits it or if there is a utility located underneath it. Edwards stated nine times out of ten it may not be a problem,but that the ordinance at least gives Staff the opportunity to review it before it is put in that area. McMillan stated something should be included in the City's newsletter about right-of-ways and what is allowed in that area. McMillan noted the City has received questions from people about whether they are required to fi�c culverts. Printup indicated he is okay with the ten feet since it has been on the City's books for decades but that he is struggling with requiring the five feet on small lots, especially if they are only talking about a 2-foot flower bed. McMillan indicated she is okay with 20 cubic yards. Printup stated he would also be okay with the 20 cubic yards. Walsh stated he can live with the 10 feet in the front yard but that he has an issue with the five feet for the side yards since it really limits the ability of someone to utilize their land if they have a small lot. Mayor McMillan asked for public comments. There were no public comments regarding this item. Levang moved,Printup seconded,to adopt ORDINANCE N0. 139,TWrd Series,an Ordinance Amending Section 78-1405 of the Orono Zoning Code Regarding Retaining Wall and Landscape Structures as a Non-encroachment,subject to revising the ordinance to reflect 20 cubic yards rather than 10 cubic yards. Printup asked if she would entertain two feet from a lot line. Levang stated she would stick with the five feet. McMillan stated given the possible drainage issues, it should probably be left at five feet. Page 9 of 18 1VIINLTTES OF THE , ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 3. #15-3707—AMEND SECTION 78-1405(a)(5) CLARIFY RETAINING WALL AND LANDSCAPE STRUCTURE SETBACKS—ORDINANCE NO. 139 (continued) Walsh noted they are talking about potential problems that may or may not exist. Printup stated he would like to see it less on the smaller lots. VOTE: Ayes 4,Nays 1,Walsh Opposed. 4. CASEY AND JII.L HOEHN—2325 GLENDALE COVE LANE—ENCROACHMENT AGREEMENT Printup moved,Walsh seconded,to approve the encroachment agreement between Casey and Jill Hoehn and the City of Orono for the property located at 2325 Glendale Cove Lane. VOTE: Ayes 5,Nays 0. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 5. REPLACEMENT OF TRUCK NO.424 Edwards stated before the Council tonight is a proposal to replace Truck No.424 which is currently over 23 years old. The Public Works Department has gotten a number of years of use out of it but that it is ready to be replaced. Edwards noted over$20,000 in repairs has had to be done on this truck in the past few years and that it is the only City vehicle that failed the DOT inspections last week. Edwards stated they will need to do more repairs on it and that it will require a couple thousand dollars to bring it to the point where it passes the DOT inspection. Edwards noted the City's big dump trucks are now coming due on the City's CIP and that he is not sure whether they can stretch some of those out a little longer. Edwards stated the large dump trucks are critical pieces of equipment for the Public Works Department and will need to be replaced in the coming years. Walsh stated he did e-mail the Public Works Director earlier to get some additional information on warranties and other items. Walsh stated the easy option is to simply purchase a new truck but that there is another sub-market of used equipment out there and that he wants to make sure the City is looking at that whenever they require replacement of a vehicle. Edwards stated the City uses the state contract prices for their large purchases,which allows the City to use the contracts that have already been negotiated with the dealers on brand-new equipment. Edwards stated the City typically likes to purchase their big ticket items brand-new given the warranties but that on occasion the City has purchased used equipment but it is typically equipment that is not used routinely. Levang moved,Printup seconded,to approve replacement of Truck No.424,a 1992 Ford L8000 with a 2016 Westem Star 4700 with body and plow work to be done by Aspen Equipment. VOTE: Ayes 5,Nays 0. Page 10 of 18 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. *6. GOLF COURSE SEASONAL EMPLOYEES Printup moved,Walsh seconded,to approve the hiring of the seasonal employees as listed in Staff's memorandum dated February 23,2015. VOTE: Ayes 5,Nays 0. 7. APPROVE REIiABILITATION OF LIFT STATION 8 AND LIFT STATION 15 Edwards stated the City's Capital Improvement Plan(CIP)has called for rehabilitation of two lift stations a year. The City currently has 471ift stations in the system now,which means that each lift station will be rehabilitated approximately every 20 years. Edwards noted simply because it is included in the CIP does not mean they are automatically rehabilitated and that the Public Works Department periodically moves things around depending on their condition. Edwards stated based on their review of the City's lift stations,these two lift stations were felt to require some rehabilitation and that he would recommend accepting the bid from Quality Flow. Walsh noted he e-mailed the Public Works Director on this item to obtain additional information on the warranty. Wa1sh stated the City would get a 5-year warranty,which is not bad. Walsh stated the other questions he had related to how the City went out getting the bids,etc. Walsh stated he would encourage the Public Works Department to go out and see if they can expand the number of bids to four or five in the future,with some of those bids being from outside the metro area. Walsh moved,Cornick seconded,to accept the quote in the amount of$78,550.00 from Quality Flow Systems,Inc.,to upgrade Lift Station 8 and Lift Station 15. VOTE: Ayes 5,Nays 0. 8. BID AWARD FOR 2015 STREET MAINTENANCE MATERIALS Edwards stated the idea behind this annual process is that the City receives bids for bulk street maintenance materials that are used routinely by the Public Works Department. Edwards stated this process works very well for those supplies the Public Works Department uses, such as asphalt and aggregate. Walsh stated he did e-mail the Public Works Director on this item since the documents submitted by Staff did not include the actual specs for the materials. Walsh noted on a couple of the items there was only one bidder and that he does not want to be setting the City up so that they are the only approved vendor. Walsh stated to his understanding the City is not doing any reclamation work and that he did not understand why the City was getting this bid. Edwards stated the bid does not commit the City to any large projects and that he does not know why the City goes through this process for some of these items other than the fact that they have always done this. Walsh stated he just wanted to make sure the City was not committing to something. Printup asked whether the Public Works Director would like to review how this is done in the future. Page 11 of 18 MIlViJTES OF THE , ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 8. BID AWARD FOR 2015 STREET MAINTENANCE MATERIALS (continued) Edwards stated he has discussed this with some of the Public Works staff and that there aze some items they will not obtain bids on next yeaz. Edwards indicated he would leave the regular asphalt and aggregates that the City uses on the list. Levang moved,Printup seconded,to award the year 2015 materials bids to the entities listed in Staff's memorandum dated February 23,2015. VOTE: Ayes 5,Nays 0. PUBLIC WORKS DIItECTOR/CITY ENGINEER'S REPORT,CONTINUED Edwards reported he had a meeting with the residents on Old Beach Road trail and.that hopefully the gates will be installed this week. Edwards stated the City has had a series of water main breaks on the southern system that did take a considerable amount of time and effort over the weekend to resolve. McMillan asked if they were frost related. Edwards stated it is probably a combination of age and shifting from the cold. Edwards stated there were a few residents that were without water for the better part of a day as the repairs were being made. Edwards reported the contractor has finished the actual lining of the sewer pipes and that the manhole maintenance will take place before June of this year. Edwards stated the water plant rehabilitations are also being undertaken. Edwards stated the City may have a potential sewer backup on Briar at the very end of the service line and that as a precaution the Public Works Department will be jetting that sewer main to ensure the backup is not in the City's part of the systern. Edwards noted the City received multiple cleaning proposals for the City Hall facilities as well as the Public Works facility and expanded police garage. Edwards stated the contractor has agreed to lower their price down to the pre-police department expansion. MAYOR/COUNCIL REPORT Levang stated this morning she met with the Navarre Initiative group about the demonstration project and that things are progressing well. Levang indicated she also spoke with the group about the banners and they indicated they are not interested in selling the banners. Levang indicated she also met with the Park Commission and that they went through the process of goal setting. The Park Commission was able to come up with a list of doable projects and that they are currently focusing on improving the City's beaches. Levang stated the Public Works Department has been doing a wonderful job with cleaning up the parks. Levang reported the City Newsletter will be going out in the mail tomonow and that it will also be available online. Levang stated an option that will be offered is to receive just the e-mail version. Page 12 of 18 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. MAYOR/COIJNCIL REPORT(continuec� Levang stated the newsletter has a lot of information in it and that they will be starting on the June one probably in the next couple of weeks. Printup stated it is likely he has secured a donation of a table,bike rack or bench for Crystal Bay Park. Levang stated a couple of the picnic tables at that park are not in good shape and that it would be nice to be able to upgrade to new equipment. Levang noted the City's donation policy is now online as well. Cornick indicated he attended the Highway 112 turnback meeting with Mayor McMillan and that the comm.ittee should be talking about Orono's portion of the project in the near future. Walsh stated he attended the February Planning Coxnmission meeting and that he heard a good discussion on the retaining walls. McMillan stated she attended the kickoff for the Minnehaha Creek Watershed District comprehensive plan and that over 120 people were in attendance. McMillan stated comment cards were passed out at the meeting and that she would like the City to consider submitting some comments as part of that process. McMillan stated in her view it will likely be an 18-month process and that the Watershed District is focusing on developing partnerships and project flexibility in order to be able to take advantage of opporiunities as they come up as well as having their normal long-term projects that are scheduled. McMillan stated she would like the City Council to come up with some ideas in the next year that can be submitted to the Watershed District since Orono does have a fair number of wetlands and the taacpayers contribute approximately a half million dollazs to the Watershed's levy each year. CITY ADMINISTRATOR'S REPORT 9. VIDEOTAPING PLANNING C011�VIISSION MEETINGS City Administrator Loftus noted Staff has provided to the City Council some costs and staffing needs for videotaping the Planning Commission meetings and that the City Council should discuss whether they would like to go forward with this. Printup stated he is a proponent of this. Printup stated with the City now having their own in-house system and having experienced success with that from a community standpoint,the City now has the opporiunity to expand that. Printup stated from the standpoint of transparency,videotaping the Planning Commission meetings would help people learn the process and engage the coxnmunity. Printup stated he understands there has been some talk about privacy issues and the fact that people may be uncomfortable. Printup stated to address that,perhaps the cameras would not need to be focused on the residents as they address the Planning Commission but that in his view it is an important step to opening up City Hall to the residents. Printup noted it is a public hearing and public documents. Page 13 of 18 MINiTTES OF THE , ORONO CTTY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 9. VIDEOTAPING PLANNING COMMISSION MEETINGS (continued) Walsh stated the Planning Commission is where a lot of the original vetting gets done on the issues and that it is interesting to see the passion that some people have in those discussions and the issues that were debated prior to it reaching the City Council. Printup stated it is also helpful to be able to watch it versus just reading the minutes. Printup noted at times there aze items that are brought up at the Planning Commission that are not discussed at the City Council meeting. Cornick stated he did attend the February meeting and that the Planning Commission indicated they are neutral to negative on it and that in his view their input should be taken into consideration. Denise Leskinen,Planning Commission Chair,stated the Planning Commission did discuss this item briefly at their February meeting and that of the five Planning Commissioners who were present,two were neutral and three were opposed. Leskinen noted the points raised were the fact that the Planning Comxnission is a recommending body to the Council and that any actual decisions aze made at the City Council level. A question was raised regarding why the City would want to expend the money to videotape the Planning Commission meeting when the Council is where the decisions are made. Leskinen noted there were only five commissioners present at the meeting when this was discussed but that the consensus was opposed to videotaping. Leskinen stated if this is something the Council is seriously considering implementing, she would like to have the opporiunity to discuss it when there is a full panel of the Planning Commission present in fairness to all of them but that ultimately it the City Council's decision. Levang stated she raised this issue more than a year ago when the City was able to contract with Mediacom and when the City was looking at what could be done with the PEG channel. Levang indicated she did attend a Planning Commission meeting back then and asked them for their input but heard that they did not see any reason to add that in. Levang stated as she started to think about it a little more, she changed her mind and now feels that there is really no good reason to videotape the Planning Commission meetings since there would be redundancy with the applications. Levang stated when people come to their fust planning meeting,the residents do feel intimidated and that this would add further intimidation. Levang stated the City wants people to participate in the process and that the residents are given axnple notice of the meetings and asked to participate. Levang stated she was also informed by one of the Planning Commissioners that because they are appointed,they do not wish for the kind of scrutiny or the invasion of privacy like Council. Levang stated the City Council should respect that and that she is not in favor of videotaping the meetings. McMillan indicated she has never felt strongly one way or the other on this issue in the past but that the City now has the ability to videotape the meetings. McMillan stated she dces have a couple of concerns and the first is that the City has a number of residential applications whereas Wayzata and Minnetonka, which film their Planning Commission meetings,have more commercial applications. McMillan noted Page 14 of 18 . MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 9. VIDEOTAPING PLANNING COMMISSION MEETINGS (continued) Minnetonka is approximately 90 percent commercial applications with a few residential variances. McMillan stated she can see videotaping the meetings when a majority of the applications are commercial. McMillan stated she also looked back at 2014 and that the largest number of views was regarding the Lakeview application,which was a unique situation. McMillan stated perhaps on some of the more unique applications the City could film them,such as the Comprehensive Plan update,but that she does not see the need to videotape the meetings given the large amount of residential applications. McMillan stated it is likely some people will feel uncomfortable and that they are not familiar with appearing before the Planning Commission. McMillan stated the second item to consider is the fact that the City Council is elected versus being appointed. McMillan stated one of the reasons why the Council is taped is because they are elected officials and that the videotaping of the meetings gives the residents an opportunity to see how the Council acts. McMillan stated the third consideration is the fact that the Planning Commission really has all of their items as public hearings,with notice being given to the neighbors. McMillan stated in her view it is important for those neighbors to be in attendance at that meeting if they decide they want to say something about the application,which would not be possible if they simply viewed it at home. McMillan stated she would like to keep that public involvement. Printup stated more engagement could occur by videotaping the meetings and that it is a public meeting. Levang stated the Council should also listen to the input from the Planning Commissioners in making this decision. Printup asked if Council Member Levang would change her mind if the majority of the Planning Commissioners would say they were fine with it. Levang stated in her view she has a good sense of it already and that it would not change her mind. Levang indicated she has attended and watched a number of Wayzata meetings to see what is happening in their commercial district but that she is not interested in their residential applications. Levang stated people are more interested in commercial applications and that in her view not a lot of people are interested in individual residential applications. Walsh stated transparency is a key and that people volunteer to be on the Planning Commission. Levang stated videotaping the meetings was not what was agreed to when they accepted the position. Walsh noted the majority of what the Planning Commission is vetting is placed on the Consent Agenda at the City Council. Printup moved,Walsh seconded,to videotape the Planning Commission meetings. Page 15 of 18 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 9. VIDEOTAPING PLANNING COMMISSION MEETINGS (continued) McMillan asked if the full Planning Commission should be asked to weigh in on this before the Council votes on it. Printup stated he would like the City Council to act on it. Printup noted there is a fair amount of turnover of the Planning Commission and that this is an opporiunity for more transparency. Printup stated it would also give a lot of credit to the Planning Commission. Printup stated given the amount of vetting that happens at the Planning Commission,it is important that people have the opportunity to see that. McMillan stated in her view the Planning Commission meetings are an opportunity for public participation and that it is her feeling not that many people will actually sit down and watch it. Printup stated he also wants to error on the side of a person who is not able to attend the meeting, such as homebound people,people who are out of town or unable to attend because of work schedules. Printup stated it is important to open up the process. McMillan stated she would like to also have the Planning Commission discuss it further and that the Planning Commission may come to the consensus that they are fine with it. VOTE: Ayes 2,Nays 3,McMillan,Cornick and Levang Opposed. CITY ADMIl�TISTRATOR'S REPORT,CONTINUED 10. BUII.,DING OFFICIAL RETIREMENT/RECRUITMENT Loftus stated Building Official Lyle Oman has informed the City that he intends to retire in June of 2015 and that Staff is seeking approval to advertise for this position. Staff has provided a cost-benefit analysis for this position as well as a draft of the building official job description and a recruitment timeline. Printup noted he had mentioned a couple of weeks ago about making this position an in house position and doing the analysis. Printup stated in his view it is important to conduct that type of analysis every time a position opens up. Printup indicated he would be comfortable with keeping the position in house. Printup asked if the Council wants to discuss whether this position would be doing any supervising of other employees. Loftus stated the Building O�cial typically manages contract employees daily and that it is a preriy active contract this person is expected to manage. Loftus noted the City spends approximately$7,000 on it monthly so there is a need to have it supervised and that there is the possibility of having those inspectors in house at some point in the future. In that situation the Building Official would be the person to supervise those employees. Walsh stated the only question he had on the outsourcing comparison is that he did not understand the net savings losses. Page 16 of 18 , MINUTES OF THE ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. 10. BUII,DING OFFICIAL RETIREMENT/RECRIJITMENT(continued) Loftus stated if you look at in-house Step l,that has revenue of$200,000 and expenditures of$80,000, which gives net revenue of$120,000. Loflus stated if you look at that in comparison to contracting,it would give the City net revenue of$54,000. Walsh stated that would be a net savings then and that he was confused by the parentheses. Printup stated that was a question he also had. Loflus stated the position would be advantageous in house as it relates to net revenue. Levang moved,Printup seconded,to approve the Building Official position for advertisement. VOTE: Ayes 5,Nays 0. Loftus stated the deadline for applying for the Community Development Director is this week and that the committee will be reviewing the applications next week. Loflus stated the City has received quite a number of applications that will need to be reviewed. Loflus stated the three council members who are on the committee will be receiving the applications early next week. McMillan asked how the City's cloud backup project is coming along.. Loftus stated a meeting has been scheduled for next week. Olson stated the City is about to reach the limit of their two backup tapes and that it will be necessary to go to three backup tapes in the near future. *11. 2014 GENERAI.FUND BUDGET ADJUSTMENTS Printup moved,Walsh seconded,to approve the 2014 General Fund Budget Amendments as outlined in Staff's memorandum dated February 23,2015. VOTE: Ayes 5,Nays 0. *12. CLAIMSBILLS Printup moved,Walsh seconded,to approve payment of the All Funds Account. VOTE: Ayes 5, Nays 0. CITY ATTORNEY'S REPORT Mattick stated he had nothing to report. Page 17 of 18 MINUTES OF THE , ORONO CITY COUNCIL MEETING Monday,February 23,2015 7:00 o'clock p.m. ADJOURNMENT Printup moved,Walsh seconded,to adjourn the Orono City Council meeting at 8:48 p.m. VOTE: Ayes,5 Nays 0. ATTEST Diane Tiegs, City Clerk Lili Tod McMillan,Mayor Page 18 of 18 . � COUNCIL MEETING REQUEST FOR COUNCIL ACTION MAR 0 9 2015 CITY OF'ORONO DATE: Mat�h 9,2012 ITEM NO: � Department Approval: Administr to Reviewed: Agenda Section: Name Adam Edwards Presentation Title Public Works Director/Cit En 'neer Item Description: Boy Scout Bridge, Hennepin County Engineer James Archer James Archer,Hennepin County Engineer, will provide an update on the Boy Scout bridge replacement. COUNCIL ACTION REQUESTED: No action required. . ,�,. EXISTING SECTION � i i 26.4' 1.2' ' 1.2' SHOULOER 12'-0" 12'-0" SHOUIDER GUARD R�AAILM � DRIVING LANE i DRIVING LANE � PLATE BEAM GUARD RAIL PROPOSED SECTION � � i 39'-4" i 1'-8" 4' 12' � 12' 4' 1'-8" SHOULDER DRIVING LANE i DRIVINC LANE SHOUI.DER CONCRETE RAA. I CONCRETE RAA / BARRIER / BARRIER -• FEB 2015 EXISTING AND PROPOSED TYPICAL SECTIONS F I GURE HENNEPIN COUNTY � CSAH NO 135 over Maxwell Channel Bridge #90621 _, « , _ � . . �ro�na . � ,,� . �.. . . . . �� , , <r e: , y . � 7 r {! . _ ' '' ' ,�� , • -..' � ;� ' , _ , ._. _. r _ .. , � " �� � � t � �4 � � i �� . • .. . . .... . -` - � ` . - ,. ' �1 .� ' . " � � ' ., . � .. , .,. . . . ' ^�' . . ' 7 .. .t `. ..._. . ... „ . .� , .... , . , .. . . .-... _.._ . . . :.� � . . .M. . ... .. l� ' ,; "� .� � , 4 . r . .. Y - .. . —� . ` . . - . . .. r . '!. . }W � K� . . - ` . .. . . . . . � . . �,,,.; . � , North An� , tU� eIi Ba �' . • . � 1� ., Forest Lake °x ������4 y . • �� , �, _. � �# , . � _ . . . :��_ , � .. _ .. . . . ,.. � . ��F4k���_ �y �``� � t` � � . . � � �� j .. a�f-`L,y , . . - , � � t;= `:�' s �..; . , � :+wa:i � , •F�. � .�p , . . �� '. . y��.., . . �e'''w�:�._. � . . . � � � . . � i . a ' ;��Si. _ Bridge 90621 ' � - �. '��=.�: � - _ , � West Arm � � � " � . . ,..�„� t �; _ �, � �..� � � ��, . �,. , rr� - � _ : . , , _. . 4_ ^ '.��::1V��:. . : . ,.. fr�i. � , , � . ' . . ' . . .. � , tt-��.� �� - � k, I *�" .'� ' ' , � , . . � � i��� ,a� '�ron;�, '�;�� . �� , ' . ' p`�k� . � . �'t� .. � ti ' • . ,_: �.;�� � �., .�'f� y�f. ��.w ,.�Y{i.: '^3h �_.y.__ ._'S; Z ., . t .. 1 �` � :�"�� r �`� �� ._ � .�„y-1....... . � ' . � �� .;.>. ; � ' � . , .,. 4!4 �..�_ ♦ «i. ��� ...... _� .'_ S ,-r'_ y . � � "' a• { �..��*� .a'�.".""'" _ �� �'�'��; � � ,�.,+��`.�. . . 1x �=;�, . . . . � , ( , .'. , �.c ..,i , .; . , . � , � �� � �k,��, � 4�.� .s1'' ' - �, -• . « '� . �.,'4�` �l . .+R- _ . " - , " � � `��:r} �I 1'�i ' " +� � � . /:j� � y j '._ ..r�` � n�;z���ti�r� Fa/ t�nt ' �"�` 1'�'�'", � . �. + �.�6` i � , �: . * * „M, .�i� w�. � � � � � 3}��� . � �t ' y, . � i.+ t ` )'I' � 1! .l,y.... . . ..y.�7����y��� ..#"'8 � ■ � � � � � ' � Mn/DOT Structure Inventory Report Bridge ID:90621 CSAH 135(BOY SCT)over MAXWELL CHANNEL Date.02/20/2015 + G E N E R A L + • R O A D W A Y * + 1 N 8 P E C T 1 O N + Agency Br.No. 329 Bridge Match ID(TIS) 1 Deficient Status S.D. District METRO Maint.Area Roadway O/U Key 1-ON Sufficiency Ratfng 28.5 County 27-HENNEPIN Route Sys/Nbr CSAH 135 Last Inspection Date 05-22-2014 City ORONO Roadway Name or Description Inspection Frequency 12 7ownship CSAH 135 Inspector Name HENNEPIN Desc.Loc. 0.1 MI N OF JCT CSAH 51 Roadway Function MAINLINE Structure P-LOAD POSTED Sect.,Twp.,Range 08-117NN-23W Roadway Type 2 WAY TRAF + N s� C O N D 1 T� o N R A T 1 N c s + Latitude 44d 57m 15.28s Control Section(TH Only) Deck 5 Longitude 93d 36m 40.40s Ref.Point(TH Only) Superstructure 3 Custodian COUNTY Date Opened to Traffic 01-01-1930 Substructure 5 Owner COUNTY Detour Length 3 mi. Channel � Inspection By HENNEPIN COUNTY Lanes 2 Lanes ON Bridge Culvert N BMU Agreement ADT(YEAR) 726 (2008) + N e� p p p R A 1 s n� R A T 1 N c s + Year Buik 1930 HCADT Structure Evaluation 3 Year Fed Rehab Functional Ciass. URB COLL Deck Geometry 5 Year Remodeled + n o w r o � M E N s � o N s . Underclearances N Temp If Divided NB-EB SB-WB Waterway Adequacy 7 Plan Avaii. COUNTY Roadway Width 26.4 ft Approach Alignment 8 + s T R U C T U R E + Vertical Clearance + s a F E T Y F E A T U R E S + Service On HIGHWAY Max.Vert.Clear. Bridge Railing 0-SUBSTANDARD Service Under STREAM Horizontal Clear. GR Transition 0-SUBSTANDARD Main Span Type STEEL BM SPAN Lateral Clr.-LURt Appr.Guardrail 0-SUBSTANDARD Maln Span Detail Appr.Surtace Width 32.0 ft R Termini 0-SUBSTANDARD Appr.Span Type Roadway Width 26.4 ft + � N D E P T M � N 5 P . + Appr.Span Detail Median Width Frac.Critical Skew + M� s c . s n i D G E D A T A + Underwater Culvert Type Structure Flared NO Pinned Asbly. Barrel Length Parallel Structure NONE Spec.Feat Number of Spans Field Conn.ID + W p T E R W A Y + MAIN: 1 APPR:0 TOTAL. 1 Cantilever ID Drainage Area Main Span Length 33.3 ft Foundations Waterway Opening 224 sq ft Structure Length 35.6 ft Abut. CONC-FTG PILE Navigation Control NO PRMT REQD Deck Width 28.7 ft Pier Pier Protection Deck Material TIMBER Historic Status NOT ELIGIBLE Nav.Vert./Horz.Clr. Wear Surf Type BITUMINOUS On-Off System OFF Nav.Vert Llft Bridge Clear. Wear Surf Install Year + r a 1 N T + MN Scour Code I-LOW RISK Wear Course/Fill Depth 0.21 ft Year Painted 1977 Pct.Unsound 50% Scour Evaluation Year 1991 Deck Membrane NONE Painted Area 2,210 sf + C A i A C 1 T r R A T i N c s + Deck Protect. N/A Primer Type ORGANIC ZINC Design Load HS20 Deck Install Year Finish Type VINYL Operating Rating HS 16.40 Structure Area 1,022 sq ft + s n 1 D G E s i c N s • Inventory Rating HS 9.80 Roadway Area 936 sq ft Posted Load VEHICLE&SEMI Posting VEH: 23 SEMI: 36 DBL: 36 Sidewalk Width-UR Traffic NOT REQUIRED Rating Date 10-25-2013 Curb Height-UR Horizontal OBJECT MARKERS Mn/DOT Permit Codes Rail Codes-L/R 37 37 Vertical NOT APPLICABLE A:N B: N C: N � 02/20/2015 Page 1 of 2 Mn/DOT BRIDGE INSPECTION REPORT Inspected by:HENNEPIN COUNTY BRIDGE 90621 CSAH 135(BOY SCT)OVER MAXWELL CHANNEL INSP. DATE: 05-22-2014 County: HENNEPIN Location: 0.1 MI N OF JCT CSAH 51 Length: 35.6 ft City: ORONO Route: CSAH 135 Ref.Pt.� 000+00.130 Deck Wdth: 28.7 ft Township: Control Section: Maint.Area: Rdwy.Area/Pct.Unsnd: 936 sq ft Section 08 Township:117NN Range:23W Local Agency Bridge Nbr: 329 Paint Area/Pct.Unsnd: 2,210 sq ft 50% Span Type: STEEL BM SPAN Culvert N/A NBI Deck:5 Super:3 Sub:5 Chan:7 Culv:N Open,Posted,Closed: LOAD POSTED Postings:23-36-36 Appraisal Ratings-Approach:8 Waterway:7 MN Scour Code: I-LOW RISK Def.StaY S.D. Suff.Rate: 28.5 Required Bridge Signs-Load Posting:VEHICLE&SEMI Traffic:NOT REQUIRED Horizontal�OBJECT MARKERS Vertical�NOT APPLICABLE STRUCTURE UNIT:0 ELEM QTY QTY QTY QTY QTY NBR ELEMENT NAME ENV INSP.DATE QUANTITY CS 1 CS 2 CS 3 CS 4 CS 5 32 TIMBER DECK-BIT O/L 2 05-22-2014 1,023 SF 0 0 1,023 0 N/A 05-23-2013 1,023 SF 0 1,023 0 0 N/A Notes: �32.Timber deck has broken away exposing some anchor bolts of east rail.Many long and trans cracks in bit O/L,some not sealed.O/L spalled @ S end.3"x 5"rotted timber @ front face of S abut on east side.'12-10 to 12 small spalls in O/L. '13-minor spalling�cracks.'14-some decay of ends of timber deck on E&W sides.6"x 3'by 3"deep spall in SBL @ center of span.2"deep spalls on S end.� 320 CONC APPR SLAB-BITOL 2 05-22-2014 2 EA 0 1 1 0 N/A 05-23-2013 2 EA 0 2 0 0 N/A Notes: �320.Trans and long cracks.Some settlement(cD bridge ends.'11-approaches and roadway were repaved.'13-Trans 8 long cracks in N.'141arge spalls @ S panel.� 334 METAL RAIL-COATED 2 05-22-2014 72 LF 70 0 2 0 0 05-23-2013 72 LF 72 0 0 0 0 Notes: �334.Plate beam guardrail supported by steel posts.Some minor damage to S end on both sides.No ped rail.'13-No change.'14-anchor bolts in timber exposed on E side.� 113 PAINT STEEL STRINGER 2 05-22-2014 407 LF 0 0 170 237 0 05-23-2013 407 LF 0 0 170 237 0 Notes: �113.Stringers are partly rusted.Sheet rust on lower flanges of most beams and on webs of beams @ bearings.Most webs rusted @ abuts.Paint peeled on stringers.Repairs to 2nd and 3rd stringers from W@ N end in 2008.2nd stringer from W is bowed slightly.'13-bottom flange of W fascia @ S abut has 1/8"remaining.Some scrape marks.'14-bottom flange of W fascia @ N abut has several sq in of 100%section loss.� 380 SECONDARY ELEMENTS 2 05-22-2014 1 EA 1 0 0 0 N/A 05-23-2013 1 EA 1 0 0 0 N/A Notes: �380.X-braces in outside bays.'13-braces have minor sheet rust and paint peeling.'14-no change.� 312 ENCLOSED BEARING 2 05-22-2014 24 EA 0 24 0 N/A N/A 05-23-2013 24 EA 0 24 0 N/A N/A Notes: �312.� 215 CONCRETE ABUTMENT 2 05-22-2014 56 LF 0 28 28 0 N/A 05-23-2013 56 LF 0 28 28 0 N/A Notes: �215.Small honeycombed areas and weathering on both abuts.Deterioration @ waterline of both abuts.Spalls w/rebar exposed on N abut.N abut leaning back 3".Vert crack in center of both abuts.Top of SW is cracked under utility pipe bracket.'13-S abut is leaning back 3".'14-N has 4 spalls ranging in size from 1 SF to 2 SF w/rebar exp 8 section loss.Top of SW under utility bracket is now spalled.S has 1 SF x 2"deep spall c�i center.� 387 CONCRETE WINGWALL 2 05-22-2014 4 EA 0 4 0 0 N/A 05-23-2013 4 EA 0 4 0 0 N/A Notes: �387.Wings are weathered mostly on top,some @ waterline.'13-No change.'14-same.� 360 SETTLEMENT 2 05-22-2014 1 EA 1 0 0 N/A N/A 05-23-2013 1 EA 1 0 0 N/A N/A Notes: �360.Element added in'09.Previous reports state N abut is leaning back 3".First noted in'01 report.Monitor.'13-S abut is leaning back 3".'14-no change.� , 02/20/2015 Page 2 of 2 • Mn/DOT BRIDGE INSPECTION REPORT Inspected by:HENNEPIN COUNTY BRIDGE 90621 CSAH 135(BOY SCT)OVER MAXWELL CHANNEL INSP. DATE: 05-22-2014 STRUCTURE UNIT:0 ELEM QTY QTY QTY QTY QTY NBR ELEMENT NAME ENV INSP.DATE QUANTITY CS 1 CS 2 CS 3 CS 4 CS 5 363 SECTION LOSS 2 05-22-2014 1 EA 0 0 1 0 N/A 05-23-2013 1 EA 0 0 1 0 N/A Notes: �363.Sheet rust on lower flanges of most beams and on webs of fascia beams.4"X 8"hole in web of 2nd and 3rd stringer from W on N end.Repaired in'08 by adding reinforce to webs and flanges.'13-no change.'14-W fascia beam @ N abut has small area of 100%section loss of bottom flange.� 964 CRITICAL FINDING 2 05-22-2014 1 EA 1 0 N/A N/A N/A 05-23-2013 1 EA 1 0 N/A N/A N/A Notes: �964.� 981 SIGNING 2 05-22-2014 1 EA 1 0 0 0 0 05-23-2013 1 EA 1 0 0 0 0 Notes� �981.Horiz clearance markers X4-4 @ all comers.Advance waming,bridge weight limit signs,and No Parking @ approaches.Bridge weight limit sign:23 tons per vehicle;36 tons per truck and full trailer or semi trailer combination."No fishing or standing on bridge"signs mounted atop X4-4 signs in SE and NW.Slow No Wake @ E and W approaches.No Pa�icing/Adopt A Highway sign is down in NE comer.'13-minor damage to weight limit signs.'14-No Parking/Adopt A Highway sign is back up.� 982 GUARDRAIL 2 05-22-2014 1 EA 0 1 0 N/A N/A 05-23-2013 1 EA 0 1 0 N/A N/A Notes: �982.Guardrail is attached to deck and continues across structure w/ends turned down.SW guardrail is damaged.East rail has minor damage.Many posts rotten @ ground line.'13-SE has minor damage @ bridge.'14-damage in SW is repaired. Several posts in NW decayed.� 984 DRAINAGE 2 05-22-2014 1 EA 0 1 0 N/A N/A 05-23-2013 1 EA 0 1 0 N/A N/A Notes: �984.Minor erosion @ ends of bridge.'13-No change.'14-same.� 985 SLOPES 2 05-22-2014 1 EA 0 1 0 N/A N/A 05-23-2013 1 EA 0 1 0 N/A N/A Notes: �985.'13-erosion of shoulder material at all corners.'14-no change.� 988 MISCELLANEOUS 2 05-22-2014 1 EA 0 1 0 N/A N/A 05-23-2013 1 EA 1 0 0 N/A N/A Notes: �988.Rip rap @ all comers.16"pipe attached to W fascia.Pull box w/coverplate missing exposing wires @ NW comer.2" utility pipe on inside of E fascia.Cover on utility pipe on W side over center of channel is missing a bolt.'14-cover of utility pipe on W side is completely rusted off @ mid span.� General Notes: Bridge 90621(329)CSAH 135(Boy Scout Rd)/Maxwell Channel 5/22/14.PTH,WJM&JE.Used rowboat.Bridge is on replacement schedule-2015. Recommended Repairs: 32.Bit patch holes in deck. 113.Monitor steel stringers. Inspector's Signature Rewewer's Signature/Date • { i I i I � ��� � � � CI"T� of �R�N4� MunulcApafl Offi�es � y;� StreetAddresa: MailingAddress: ! � � ������ ,� 2750 Kelley Parkway P.O.Box 66 � � ' G ' ���HO ;� Orono,MN 5535G Crystal Bay,MN 55323-0066 i '� � June 27,2011 Mr.James N.Gtube,P.E. Director of Transportation and County Engineer Hennepin County Transportation Departrment I 1600 Prairie Drive � Medina,MM 55340 � Re: Leiter of Support for Henr►epin County BIR Application and Pruject for the Removal � and Replaceanent of Bridge No. 90621 carrying CSAH 135(Tonkawa Road)over Maxwell Channel in Orono Dear Mr.Crrube: � The City of Orono wishes to extend its support for your BIR Funding Application and project fox the replac�ment of Bridge No. 90621 carrying CSAH 135 (Tonkawa Road)over Maxwell Channel in Orono.The City cflncurs wi.th the County in its eff�rts to remove and replace the aged and structurally deficient bridge and provide a new structure that will better accomtnodate vehicles and pedestrians. We would request that as part of this replacement project you investigate the possibility of � increasing the clearance for boat traffic under this biYdge. Thank you for making us aware of this application effort and the opportunity to provide support, The City looks forward to working with you on this project.Good luck with your application. If � you have any questions,please contact Milce Gaffron at 952-249-4622. j Sincerely, , I '�.,�. '„t� �� Lili Tod McMillan,Mayor � cc: City Council � Jessica Loftus, City Administrator I Mike Gaffron,Asst. City Administrator Peber Lemke,Senior Transportation Engineer ` Tom Johnson,Transportation Planning ' I i � . , Telephone(952)249-4600�Fax{952)249-461b www.ci.orono.mn.us � � � .r` � , '� � �e���e �ik`^�,. ��• 7. I'I��u��.1'.� �t „��'��. �, �: �� +Yr!.��•.�� �. . , ;. + r; ��""�� �;� , . _ , . _ . . � _ : r , ��,� ,, ���'� � �'�. f;.. ,. . � �.. .. +RY ` yw ,� .t�.J4� �Ay� � '. . . " � �� � . . '� �ro � . : � ..,. ' .. �. .,-� � � '� . � . {r' 3 . ...- ,-. . , �� . 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' ._- . . . _ . . �;:_ . - :i•: � ' . _ � \ � , � F}� � i� ;,_ �..._ a. ... . .. . ........... . � � . ,. � - . �-�.. �I� . . .,�� M.p"'..•'� . . . - . \ \ � � COUNCIL MEETINC �a� 0 9 20�5 REQUEST FOR COUNCIL ACTION ��Ty OF ORONO DATE: March 9,2015 ITEM NO: 5 Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus Presentation Title City Administrator Item Description: Navarre Banner Design Joan Wolfe and Mary McKenzie will attend the meeting to present a banner design for the Navarre light poles and will be available for questions. The following is attached for your review: � Design submittal � Background information from the new Navarre book and • Council action from February regarding the light poles COUNCIL ACTION REQUESTED: Consider a motion to approve the submitted design and give direction to come back with material samples and cost estimates. w� . . � II!�I �- �' � :. � � � � � � �� .:,. � ���: }.�.�. $,��� ' � � � ����� � � � ��� �: :,^' .� . �, .�a'.��"" .._ • ��,� .«�,�:�' �. u�_ �, � �,� <. � �:�` r, ,��'".�- _ �: �� 1 1 � � 1 1 1 � � k� � "`""`,�.. i; _ .. "'"+r.o,,;, ��� ` . F.'�%Maa+y++,�wAnee� � �� � ..�!w�r"�ry,*^..,;;� �� � "'°'^ � . -- - ' �s ,�_ -�v,�, - .. �-�.�_. -.,�.., "' ` � ' �� :n � �r r ' � ��, .� , LL � . . ��� �� �k ' + �'YlM A�:f !�'�'WA,wa'=��'^">w. •.:�s �i., " n'��1��� .i'^+ y�0,,A r + - `�' . ' " , ' . - �„�`� : s �� � ty�' , k .!" na. 'X'�� �}'� ^�• � , !7 � • ` ��-`.;�� J? �r"¢�. ., „ r^:a.,D�L:� � ','� •�.. 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I;t�;inesses 1 ha�,�� ����>l��r�i and �1�an,�cd, r<�ads ��i�d . � � �• � � i ail r��utcs l�a��� bccn r enamc�l��r di;,�����eared. faniilie� [h�il �urviv��i diflicull tin�es h,��c}�r��.5pered .�nd �ro�rn, a�ld children ha��� f��u�;ht in �v��rs a c��,�itin��i�t �����<n�.�Ihr��ti�;h it all ha��� hrrn ���u��'t� il�r (hrca�ls ul�l�u�in�°�s �iiun�i�n, �le�iic,ttir,n t�� th�� c<�n�munitl� - .,,_- w....�,.�,.�......,.� ;�in�l 1����.�ll�� [�i nei�;hhr�r��, iriri�cl� .�i�<i �u;tc�m��rs. � \�'ii_liiu lhe�c ��a;�c�, ����u ��ill �lis�u����r ��mnllr�:� n�;���ti Ili,��� �il,��,r,�m I�i�t���r��. }�i�(tu����� th,ll i,��,1�ne� il,»hc�s c�t�tinic, in�1i�,i�1t���1� �,�I����rerc nu( c�nl�� influenti<ll _ _ dtu�iu,�r th�ir lit��tin�c bul in���a�(rcl [ut�.�rr _ � ����u��r�iliuii�, �ii��l l�u•iucs���s ll��ll I��t���� w en�jtn-ecj ,ince the 19?Os. � � � St�t� in�iiie F;��thil�a»n��Gri,�er�� �t��re ... � ,� f„ , .\�7cct R.l-�. A�cl�im ���li�� rai5c�l p�n�c ln-cd � ' � ` fi � ` H�_�l�lein� in ll�e ��arl�� IyUlls ... r1(lcnd � � � a mc°ehn�„i�ihe ��tinnc�T��nk:� 'I�ri��d � � (;lub, �;h;rii� incmhrr� ;u}�E�<>rtcd n�,�nv � ����>ril�r��hitc cau��s ���ilh inc�haus(iblc rn��r�;� ... ���i}� I��r a�uE� ul i��ilcc�il ll�c � ?���1,ii�r� lnn ... �1�itnc�� th� hui�ri�}�in�; d;�n�a�;�� inili�����I �ii� N,i��,�rrc h�� th<� l�)t;� t�,rn�tciu. It'; all in tl��.c p���c�� lii .�cl�lili��n,�urrrnl h�i�inrssc� ar�� hi��l�li�htcil. ,ls �,��rll �u uut�(<�n�iinf� .. . _�..�4...,..,,,,�.�,.,,�,.,�.��.�,.. �iunE�r���fit nr���inii.,it iuns :in�1 ��I;t�rti ��1� �����rshiE�. l�:�trh i.� a rrtle�tiun ��I Ih��carin�; �r)II IC U� 1�1� �i�lV'<II'C�`�(1111111U111�1'. �1'e h�,��c ���u enj�i�� �'�iur i��urncy. ltem#10-CC Agenda-02/09/2015 '` Navarre Light Pole Decorations[Page 1 of 3J REQUE�T FOR CQUNCIL ACT[UN DATE: February 9, 2015 ITEM NO: Department Approval: � Administrator Reviewed: Name Adam T. Edwazds Agenda Section: Title Public Works Directvr p�biic Works Director/ City Engineer's Report Item Description: Navarre Light Pole Decorations Exhibits A. Navarre I.ight Pole Specification. i. Purpose. The purpose of this memorandum is to solicii Council direction on decorations for the Navarre I,ight Poies. 2. Background. The Navurre Lighting project is nearly complete. All that remains to complete are a few punch list items and s�te remediation that wi)I take place in the spring. The streetlight posts the City had installed coine with several attachments for decorative items. 3�'he poles can support banners,holiday lights and flags. (Exhibit A) Thirty-two of the light poles can support decorations. Ten Light potes have hanging flow�er basket attachments. 3. Decorations O�tions. There are numerous options for light pc�le decorations. "The following are estimated costs for a sam lin of ssible o tions. ltem 8anners Holiday Lights Flags 24"flower (Example 4' L6D ` basket+ Snowflake maintenance 1` .,� Customizable Cost $50-100 $450 $90 $90 Each Cost for $1,6p0-$3,200 $14,4UU $2,880 $900 32 Remarks Life limited by Replaced exposure. annual ly —2-3 Years Display February- November— February Memorial Day— lune-Sepiember Period November Labor Da 4. Funding. I.ight pole de�orations are not currently budgeted. Funding options include soliciiing decoration sponsorship from business/residents of the iVavarre community or including in the City budget for 2016. /tem#10-CC Agenda-02/09/2015 Navarre Lrght Pole Decorations�Page 2 of 3J '� 5, Recoinmendation. I recommend Council provide guidance on a decorating scheme that best represents the Navarre area. 1 further recommend that the decoraiion pian be kept simple with only a few changes throughout a normal year in order to reduce costs of insiallation and wear and tear to the light poles and attachments. COUNCIL ACTION REQUESTED: Provide initial guidance on light pole decorations for Navarte. Item#1 D-CC Agenda-02/09/2015 " Navarre Lrght Pole Decorahons[Page 3 of 3J b .' er1 US AR[HITECTURAL LIGFfT11VG: XBC-1(2 7/$TENON)- DSAP25-VL-11-120V LED-MT NW-525MA-BRONZE BANNER ARMS(OATIOAIAL� � � BANNER SAVER PRO 2000 BREAKAWAY � I BRACKET 8c ARM WlTH HARDWARf. � l BEFORE INSTALLING, CUT FIBERGLASS � � ARM Tp REQUIRED LENGTH. i � i {BANNER 6Y OTHERS� ' � MGFS 35 GKCI(OPrrontacJ � 15A FIUSH MOUNT OUTLET(40A302 o p � 2� MTG PLATE)O DEGREES N `� FtAG HOLOER�OPTIONAI� 1"X 6'� LG PIPE AT 180 DEGREES, PER SKA67z {WITH DRAIN HOLE� MILLERBERND POLE: � 8-XSDNH-250-002 et � � ltem#02-CC Agenda-02/23/2015 Approval ofCounciJ Menutes 02/09/2015 ` [Page 18 of 26J MINUTES OF THE ORONO CITY COUNCIL MEETING February 9,2015 7:00 o'clock p.m. (9. STORM WATER AND DRAINAGE TRUNK FEE REVIEW continuea� McMil suggested Staff check to see what other cities are doing and whether their fees are bas on hardcover. Gaffron indicat he has looked at it from a hardcover standpoint on both a percentage d a square footage basis and t he will be presenting that to the Council in the near future. ron stated in his view the Council wi md that basing it on square footage makes more sense. fron indicated Staff will continue to refine 's based on Council's comments tonight. McMillan stated as it relate residential redevelopment, in Staffls ch memorandum on Page 5,the fee is per acre and that in her w the fee should be per lot. Mc ' an stated if someone is redeveloping their lot and adding up to 1,000 s are feet of impervious surf ,the chart could reflect what the fee is based on square footage. In additio redeveloped lots shou be limited to principal structures and not accessory structures or driveways. M illan stated on � e of the smaller lots,because they are small lots with over 25 percent hardcover,they, ould be r uired to pay more and that it may get to be very expensive. Walsh stated the issue is the hardcover. Levang stated a threshold would make s se based on e size of the addition. Gaffron indicated Staff will lay out few options for the cil to look at. Walsh stated he would like to s y away from exemptions as mu as possible since they tend to grow as time goes on. Walsh stated would like to keep it as simple as p ible. McMillan stated a good oal is to keep it simple,but that over time exc ions tend to start popping up, which may mean it is me to review it again. McMillan aske there is any public comment on this item. Jeff Bry ank, Source Land Capital noted Pat Hiller submitted a memorandum t he Council stating their rtion on this matter. In Source Land's view,the fee is fairly large and that th are looking at the g course in two ways: The amount of open space and conservation easements that being created as art of this development and the inveshnent that involves as well as creating oversized lot both of which will lessen the stormwater impact. '' The City Council took no formal action on this item. PUBLIC WORKS DIRECTOR/CITY ENGINEER'S REPORT 10. NAVARRE LIGHT POLE DECORATIONS Edwards reported the Navarre lighting project is nearly complete except for a few punch list items and site remediation that will take place in the spring. Edwards stated the streetlight posts the City had Page 18 of 26 Item#02-CC Agenda-02/23/201 S Approval of Council M:nutes 02/09/2015 [Page 19 of 26J • MINUTES OF THE ORONO CITY COUNCIL MEETING February 9,2015 7:00 o'clock p.m. (10. NAVARRE LIGHT POLE DECORATIONS continue� installed come with several attachments for decorative items. The poles can support banners,holiday lights and a flag. Thirty-two of the light poles can support decorations. Ten light poles have hanging flower basket attachments. Edwards noted light pole decorations are not currently budgeted and that funding options include soliciting decoration sponsorship from business/residents of the Navarre community or inclusion in the City Budget for 2016. Staff requests the Council provide guidance on a decorating scheme that best represents the Navarre area. Edwazds stated he would recommend the decoration plan be kept simple with only a few changes throughout a normal year in order to reduce costs of installation and wear and tear to the light poles and attachments. Edwards indicated he attempted to lay out a seasonal plan for the attachments and that the prices for the various attachments are not definitive. The banners would cost$50 to$100, for a total cost estimated to be from$1,600 to$3,200 for 321ight poles;holiday lights would cost$450 apiece;the flags would cost $90 apiece; and the flower baskets would cost$90 apiece. Edwards stated he believes the Public Works Department can use their existing lift that they have to install the attachments but that it is a little more cumbersome than a bucket truck. Edwards noted if that does not work out,the Public Works Department may have to rent a bucket truck or look at changing out the attachments with a ladder,which would be more time consuming. As it relates to the flower baskets,those would require watering at least three days a week and an hour turnaround time each time. Edwards stated one option for the flower baskets would be that individual businesses adopt a plant and maintain it. Walsh stated it would be nice to experiment with a few things and see how they work and if there are volunteers to take care of the planter baskets. Walsh suggested the Navarre Initiative group be contacted to see if they are interested in perhaps maintaining the baskets. Walsh stated in his view it is a great idea to spruce up that corridor. Printup stated he was hesitant on the flower baskets in the beginning and noted that the banners were bought up by the Navarre businesses rather quickly. Printup stated if the Navarre Initiative Group would be interested in helping to maintain the baskets that would be great. Printup stated the two items that he would support at this time would be the flags and the holiday lights,followed by the banners and the flower baskets. McMillan asked how high the baskets would be off the road and whether it would be easy for a pedestrian to water. Edwards stated the baskets would sit roughly at the bottom of the flag and that someone with a hose and a wand would be able to water them,which is essentially what the Public Works Department would do. Page 19 of 26 � Irem#02-CC Agenda-02/23/201 S Approval of Councrl Minutes 02/09/2015 ' [Page 20 of 26J MINUTES OF THE ORONO CITY COUNCIL MEETING February 9,2015 7:00 o'clock p.m. (10. NAVARRE LIGHT POLE DECORATIONS continuec� Levang stated she is opposed to the baskets since the City does not really have one person that could be allocated to taking care of them all season long. Levang stated in her view the banners are a good idea given the City's past success with those as well as the holiday lights. Levang indicated she is not sure about switching out the flags given the cost. Levang stated she would be in favor of the banners and the holiday lights, with just a few light poles being lighted. Levang stated one option would be to have people adopt a light pole to maintain and perhaps purchase the holiday lights. Levang stated she is not sure if the Navarre Initiative group will be able to take on this project since they are already committed to another project at the present time,which raises the question of who else could do it. Printup stated the one thing that has been mentioned to him by various residents in the past was flags. Walsh stated it is not like the City is adding people to perform this labor since they are already on staff and they are already being paid for the day. Walsh stated if the Public Works Department has time to do this,it would not really be an extra cost. Edwards stated it becomes an added cost if it becomes too repetitive. Edwards stated the installations would also be done during normal hours to avoid overtime. Loftus stated the only out-of-pocket costs the City might incur are due to the fact that the City does not have a bucket truck. The City currently borrows the school's lift,which is not the most effective piece of equipment. Loftus stated the Council might eventually get a request from Public Works for a bucket truck. Walsh stated in his mind the flower pots will always be questionable given the amount of maintenance that is required. Cornick stated the flower baskets might be more susceptible to vandalism than the flags or banners. Cornick indicated he would be opposed to the flower baskets and that he is neutral on the other items. McMillan stated in her view the City should go ahead with the banners given the time of the year and then pursue possible funding from the Navarre community. Levang asked if the City would just go with a generic banner or a more customized banner. Levang stated if the banners are customized, it may be necessary to first ask which businesses are interested in purchasing one. McMillan indicated she was thinking of a generic banner. Walsh stated if the City went with a generic banner,they would be able to purchase a few extra ones to have on hand in case one of them gets torn. Levang stated she would support that idea. Page 20 of 26 Item#02-CC Agenda-02/23/2015 Approval ofCouncd Mtnutes 02/09/2015 (Page 21 of 26J ' MINUTES OF THE ORONO CITY COUNCIL MEETING February 9,2015 7:00 o'clock p.m. (10. NAVARRE LIGHT POLE DECORATIONS continue� McMillan stated she personally likes the holiday lights since they are more festive and that perhaps the City could look at that later. Walsh suggested the Navarre Initiative be asked and the Park Commission also be approached. Printup stated it sounds like the flower baskets are questionable and that he is okay with not having the flower baskets. Printup asked if the Mayor is also interested in the flags as well. McMillan stated she would like to go ahead with just the banners tonight and perhaps look at the flags and holiday lights later. Walsh stated the Council can always revisit this later and that it would be nice to get something going now. Printup stated as a starting point he is fine with the banners but that at some point he would like the Council to consider flags. Levang moved,Printup seconded,to purc6ase and display banners on 321ight poles in Navarre and to seek support from the Navarre Initiative and the business community to supplement purchase of the banners. Walsh asked if the Council is interested in purchasing some extra banners. McMillan noted Staff will be gathering estimates for the banners and that they can determine later whether extra ones should be purchased. VOTE: Ayes 5,Nays 0 11. NAVARRE STREET LIGHT AND SIDEWALK PROJECT—ENGINEERING FEE CHANGE REQUEST Edwards noted the Council authorized Bolton&Menk to oversee the construction of the Navarre lighting and sidewalk project for a fee not to exceed$54,050. Construction is now complete on the project less site restoration and minor punch list items. As a result of changed project conditions and timeline,Bolton &Menk is now reyuesting an additional$4,050 above the previously authorized not to exceed fee. Edwards stated even with the additional fee,the overall project is still projected to come in under budget. Walsh stated since the issues that came up were unforeseen given the transition in city engineers,he would be in favor of approving the additional fee,but that he will be a little tougher in the future. Martini stated in his mind there were enough issues that came up with this project that exceeded the initial amount. Martini noted there have been other projects that have exceeded the estimated oversight time and that Bolton&Menk has not charged for that. Martini indicated requesting additional fees are not something they will make a habit of. Page 21 of 26 r COUNCIt�ME�+��• � MAR 0 9 2015 REQUEST FOR COUNCIL ACTION ,���y pF ORONO DATE: March 9, 2015 ITEM NO: � Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loflus Presentation Title City Administrator Item Description: Long Lake Fire Department Fire Chief James Van Eyll from the Long Lake Fire Department will be attending the meeting to provide information to the City Council regarding their 2014 Annual Report. Chief Van Eyll has provided the attached annua.l report presentation for your information. COUNCIL ACTION REQUESTED: No action required. , � Mission �.��: 2014 Annual Report It is the mission of the Long Lake Fire Department to minimize the loss of life and "' property for its fire service recipients in the Sernng the Commumties of Long Lake,Medina and Orono W�th Pnde and Professionalism cities of Long Lake,Medina and Orono from fires,natural disasters and life threatening situations. Goal Leadership . ��: It is the goal of the Long Lake Fire CURRENT OFFICERS Department to perform these services in a ➢Chief—James Van Eyll professional and efficient manner by ➢Assistant Chief—John Hall maintaining effective training,fire ➢Deputy Chief of Administration—DJ Goman prevention,fire suppression and emergency ➢Disvict Captain—Shane Gardner response. ➢Fire Captain—Kelly Shaughnessy ➢Fire Lieutenants—Chris Adams,Ryan Gonsior, Mike Helm and Erik Palmer Organization Chart Current Membership � • 42 active members(1 on Military LOA&2 on a Persoaal LOA) All members are current[y or wil!be: •Firefighter I or II State Certified •First Responder or EMT Certified •HazMat Operations Certified 1 . Members W6o Came Off Members Who Retired in 2014 Probationary Status in 2014 ,. ,€,, • None • None 2014 New Probationary Members Station 1 Facilities and Equipment �}.� • Zac Berb�g • Stanon I-340 Willow Dnve N Budt m 2003 • Jcey Blackstone • El I-2004 Kenworth/P�erce Engme • Matt Carrol l • E 12-I 990 Spartan/General Engine � R 12-2003 Sterlmg Heavy Rescue • Tl 1-2009 Freighthner/Midwest Fire Tanker • Ul 1-1998 Ford F350 Grass Rig/Unhry • U 13-2001 Dodge Ram I 500 Chief s Vehicle/Uhhry • U 14-2005 Kawasak�ATV • CMD 1-2013 Chevrolet Tahce Ch�ef Veh�cle • CMD2-2012 Ford Explorer Duty Officer Veh�cle • B 11-2004 26' Lake Assault Boat Station 2 Facilities and Equipment 2014 Emergency Call Activity ,. ;:, � • Station 2-3770 Shorelme Drive woy M„�„� Built m 2004 h"fdi'"m'° �'k. �.a�. orww Aro Totai 1 Firo S 1 1� 6 YI • E21-2003 Internat�onal/Pierce Engme z ow�w.rewwr., • R21-2003 Ford F550 Rescue/Mmi Pum r E"PbfO^�a'�N�(No Fin) o o � o � � ]R�sew i Emerp�ney Msdiul • U21-2000 Ford F250 Grass Rig/Utiliry �rv��� �s a as : �s • T 12-2001 Sterlmg/Midwest Fire Tanker •���CO^dNb^(No Fin) t � � � � 6 S�nica Call 3 0 6 2 9 6 Oood Yie�M Call 9 9 81 9 700 7 Fals�Alarm 8 Fabo Call 72 7 g6 � g6 8 8svan WeatAer d N�lural Dia�sbr 0 0 / 0 1 9 Spoeial IncMant Type O O O D O TotallncMenl Count: /p 77 287 76 S69 2 Emergency Call Breakdown Average Response Time for all Calls , ;��,, IncidwR Type Y01{ 207� 2012 ZO11 2070 1 Fin 24 28 91 90 20 Avefage Response 2 ow�p�essun Rupaw, qs�nct Time Expbsion.OvxMaqno Rn) 1 2 1 0 7 3 Rascw i Em�ryancy Madkal Servke IncMM 76 78 108 119 110 LOng leke 0 O6'18 {HvsMws Condition(No Fire) 66 81 66 49 78 Madina 0 07 34 6 Sarvice Call 9 Y1 1a 2� Y7 8 Oood k�t.nl Call 100 7 W 81 86 7 W Orono 0 OS 56 7 FaW Ahrm i FaW Call 66 110 86 116 110 MutualAid 01130 a s.vere Yv.auKr a ramr�i Disuter � Z � < Z All 0 O6 18 9 Spacial kmWa�R Type 0 0 1 2 7 Tobl Incidart CouM: 363 !28 99b 423 N8 Responders Per Incident Call Hours per City in 2014 _<., .,.> • We had on average 13.27 members respond per call. DfaMct Houra %of7otal • We had on average 12.05 members respond to calls that happened from 06.00 to I B:OQ daytime Lonp Lake sae �s.aex responses. M.a��. z�e 9.88Ye • 62%of our calis happen between the hours of Mutwl Aid 3n e.eex 0600 to 1800 Oro�o 4347 77.05% Total 5842 1004L Operating Budget Review LLFD Goals for 2014 • Blue Card Lite for the Department �� saie,no snie.rtzo so�e,sro snis,sao Sa�s,000 °��° • Refine Driver Training Program �N� T413,681 T419,951 5413,430 $409,928 5405,126 °�°^�� • Softball and Social Events Partner with SBB uoaa.�i s�,oa9 -ss,�3� sa,xos ss,��a sz,�as o,� • Small Engine Check Sheet at Both Stations • Debrief after Most of the Calls • Wellness and Fitness Program 3 LLFD Training Goals for 2014 LLFD Goals for 2015 • More Small Group Training • Centennial • LLFD Brandmg • Driver Training in Stages • Define Better • In-house Blue Card Lite • Duty Clothmg • Training with North and other entities • Review and Revamp SOP Medical Response • Training with CAFS and Foam • On Duty Wear • CO Alarm Training with True Readings • Recogmt�on Program � Review and Revamp SOP • Rollout of Apparatus LLFD Training Goals for 2015 �yY, • Live Burn Training • Medical Training • Scenazio Based • Ptoficiency Driven �ueS+10ns� l, • Officer Development • Driver Training • Foam/CAFS Training 4 —�■� � �� . � ���0 � � �F � G �qkESH4�� legend Roads : U.S Trunk Highway = Mmnesota Trunk Highway � = County Highway — Local Roads — Private Streets Railroad � City Limits ` � C7 n 3 O � � z � � � � � � N , O O � —1 Z ' '� ��� �� � � � 'j �� 03/09/2015 Council Meeting Di�cl�imer. This drowfng is MRt�tt a IKalh recorded map nor a survey a�d n not intended to be usM as one.This dmvirig is a compilatwn of records,Informatbn,end d�W 0 2,588 Feet bcatM in wrbus dry,counry,and rtate otRas,and othn - sources aftecnng Me area shown,and h to be usM for reference puryoses onN.The Crty of Orono¢not O Bolton&Menk,Inc-Web GIS 3/6/2015 9:24 AM mndhb Mr amr inamvan�<hnnm rnntalnM Y • • ��UNCIL M�ETING MAR 0 9 2015 REQUEST FOR COUNCIL ACTION CITY OF ORONO Date: 5 March 2015 Item No. � Department Approval: Administrator Approval: Agenda Section: Name: Melanie rtis � Title: Planner Item Description: #13-3623—City of Orono/Lin Yan—1330 Cherry Place—Corrected Resolution Zoning District: LR-16,One Family Lakeshore Residential, 1-acre, 140' Lot Area: 30,378 square feet(0.70 acre) Lot Width: 193'at the OHWL of the Lake& 147' at 75 foot Setback List of Exhibits: ExhibitA. Draft Corrective Resolution with Exhibits Exhibit 8. Resolution No. 6339 Application Summary: In November 2013, City Council approved a conditional use permit and variances in order to permit land alterations and hardcover modifications on the property. Approval Resolution No. 6339 was adopted and subsequently recorded without the approved Exhibits. This corrective resolution will be recorded with the proper exhibits in the chain of title of the property. Planning Staff Recommendation Staff recommends the Council adopt the corrective resolution as drafted. COUNCIL ACTION REQUESTED The Council should consider adopting or amending the attached resolution. , Council Exhibit A CITY OF ORONO CORRECTIVE RESOLUTION OF THE CITY COUNCIL No. THE PURPOSE OF THIS INSTRUMENT IS TO CORRECT RESOLUTION NO. 6339 ADOPTED BY THE CITY COUNCIL ON NOVEMBER 12, 2013, AND RECORDED MARCH 17, 2014, AS DOCUMENT NUMBER A10062276 IN THE OFFICE OF THE COUNTY RECORDER OF HENNEPIN COUNTY, MINNESOTA, BY ADDING THE INADVERTANTLY OMITTED EXHIBITS A AND B. A RESOLUTIQN GRANTING VARIANCES FROM MUNICIPAL Z4NING CODE SECTIONS 78-12'�'!,78-1282 & 78-1680 AND A CONDITIOT�I,A�.. USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE 3ECTION 78-966 FII.E N4. 13-3623 WHEREAS, Liu Yan a�Amy Yong�i Shi, a marr�d couple (h�reinafter"the Applicants") are the owners of the property�acated at 1330 Cherry Place�vi�in th�e City of Orono(hereinafter the"City") and legally described as:Lots 1 and 2,Block 11,�ga Hill Revise8(hereinafter the"Property"); and WHEREAS, the Applicant� tt�ve made appl�ation to the City of Orono for variances from Orono Municip� Zoning Codt Secti�ons 78-168Q, 78-i279 and 78-1282 to allow construction of a new lake acc�ss stair resultin�in 209 sqttare feet of hard+cover and which replaces an existing stair encroaching into the ac�acent undevelaged City righ�-�of-way wiYhi�75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applic�nts have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading to correct a drainage issue�djacent to the existing home on the Property; and WHEREAS,after ri�e published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, Citrty Code, public hearings were held by the Orono Planning Commission on September 16, and October 21, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW,THEREFORE BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS l. This application was reviewed as Zoning File number 13-3623. 1 180539 2. The Property is located in the LR-1B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on October 21, 2013 and voted 7 for and 0 against on a motion to approve the CUP for grading and the hardcover variance. The Planning Commission finds that the following factors support the granting of the requested variance and CUP: a. 'The Property contains 30,378 square feet in area(0.70 acre) and has a defined width of 193-feet at the lake and 147-feet at the 75-foot setback. b. The home on the Property was constructed in 2007. c. The Applicants have proposed to remove an existing stair which encroaches into the adjacent undeveloped City right-of-way. d. The Applicants' proposed stair system has been designed in a way which offers screening of the stairs with a natural-looking slope as viewed from the lake. e. With a total of 19% overall hardcover, the Property will conform to the hardcover limitations of 25%for a Tier 1 lot. Structural coverage limitations will also be met. f. The Applicants' proposed stair system and grading will not alter the essential character of the neighborhood and will result in minimal or no negative impact on adjacent properties. g. T'he Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the Property from the lake will be improved with the new stair. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. The approved grading plan has been designed to address the Applicants' drainage issues and does not adversely impact the natural character of the lakeshore. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public,and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 5. The City Council fmds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a 2 180539 substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake access stair within 75' of the OHWL; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new lake access stair Minnetonka to replace an existing stair which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading and to correct a drainage issue next to the existing home on the Property; subject to the following conditions: 1. Council approval is based on the survey/grading plan and stair plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by the Applicants prior to the commencement of grading activities. 4. The Owner shall conform to the recommendations of the City Engineer. 5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the Zoning Permit for Major Land Alteration. 9. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 10. Authorities ganted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date(November 12, 2014). 3 180539 11. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 12. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the day of ,2015. ATTEST: Rachel Dodge,City Clerk Lili Tod McMillan,Mayor Amy Yongli Shi.Property Owner Lin Yan,Properiy Owner STATE OF MINNESOTA ) :ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me this_day of ,2015,by Lin Yan, husband of Amy Yongli Shi. Notary Public STATE OF MINNESOTA ) :ss COUNTY OF HENNEPIN ) This instrument was acknowledged before me this_day of ,2015,by,Amy Yongli Shi,wife of Lin Yan. 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SECTION BB - NORTH SIDE � ��� P�VER WRAGE (D0371NGAND ) CONCRETEFLOOR OOS7INC ANO PROPOSED DRNEWAY LINE FJUSf1WGCROUNOIME � � � � �� �� ��� � � ��\ �� � � � � �� / / / / / / / /�/ / / / / / / /�/ / / / / / / /�/ / /�/i�// ,.r� ���������y�`���y�`�;��yi�Ty����yi�i?��T i��T�����y�i�� %��������i� ��i��i` ���i��i ���i� � r� � �i� �� i�?�i y`i iii�iTiT�T ifiiii�ii �// � � ��� � y� � ����� ��� ���� ���%� '�%����%������%��� �%�, ��i������i���� ������\��\�ii��Ty�`�ii�i�yj�`�yi�����yi�`��`�i���`�T���,������i���i��\`�i��i`i�`\��so�l.��i\��\�,\\��������������T�������/,�\/i i�i,���������� �i ��i���i�i� �i �i������i���iyi���i������������i��i`y���y��/`i� �������y���%������i�����iT�`i��%��`��%����i����������T����������i%i�����'��i�i��i��i�ii����i SECTION CC -WEST SIDE DEMARS•GABRIEL Ii.uM�MmrM..u�w,NMvnowi�Pw�+M� � V� UINOSURVEYORS.INC. «ukwm�b.ar4+.r�rNM�11�n�M'Md++�l..ne PrpndtarCWR60NDUTMBCHRISTI�NDONIN-95271059� SHEET su..`.�.b.w.i..Y.an.arw ar�.w. ���A�� CERTIFICATE OF SURVEY `°"'azama�+�,snco,Hiu�nseo O� �; G �°� Atl�ess.7330 CHERRV PLACE,MOUND,MN Ea+..�w at,.m OsNd E Ga�at Wma.UN VAN Pro1�LAND3CAPING PM � ��Y�1� Fmcf�l�s7aroD or.o�.ero�.mx �.nm.rtw.ra.an� SECTIONS(ELEVATIONS) SCALEI'.j(a• DATEIN D ' � , E: ✓ / J = 5���� ' 'v ��, � 0 � _ s s• yE� s•_� y�0 a �� 944 CAPS STAIR TREADS Q BASE UNITS �45 . �• e" 8' PAVER UNITS " I �e.o� � i g46 /�j�� ,=, _ .,� � �' io�-a �s. , �, �, , , .-ss�is� _ �—�,--.� //��//��//�//�/��/�� ` q, �\��\��\��\��\�� � ��%�������%������%��%��%��%�� ` R GRIOUND LINE STAI RS PLAN ���i��i��i��i��i��i��i��i��i��i : � . ���������������������������������j ���� ���� ;,.. . ii��ii���i��ii��ii��ii���i��ii��ii��fi��i i��ii ��ii� '� . . . PROPOSED STAIRWAY ��\��%�%/%�%�%%�%�%�/�����/���/�/���%�/�/ . � �f��' � �' ' �' AREA=200.22 S Ft. �����i���i���i���i���i���i�����i��� ����`�����������%����.i��%������i�� ;�.. Q' i�i��i��i�� i��r i��i��i��i��i��i��i���i��i��i��i��i��i��� - ���� �i��i�i���i���i���i���i���i���i���i���i���i��i///��i���i���i��i���i ���`�� ._.. , v ,, ,, , e. (ASTM DCI,N�G SAND \\\/�\\/��\\��\�\���j���%�%�����j/��j/\�j/�j/��j/��j/��j/�\�/��/���/\��/�L f` N sa2.m COMPACTED BASE �����i��%���������\\/��\��\\�����\���\/�\/��\�\/:�::-�:�\��i CLASS V GRAVEL /\/�\/\\\/\\�\\�//��\/�\\/�\\/\��i.\���\�/��/\��/\��/ STAIRS SECTION OEMARS�w1BRlEL lu«WunMnrMrnw.P�rny.nwM�w�Mm PnpMedAor.CWRSONDUTRABCHRISTWiDONIN-952220bW2 SHEET LM/DSl/RVEYOR3.lNC. x Nx�wJiW.�p�wrwrdq�ll�n�M'R./.rMlaM 8wwar�ndwlM l�+w W M 8YM MMYw�tl�. ���"•a°. Lc41 8 2,Blorlt 11,SAG11 MLL REVISED `A ��,� < CERTIFICATE OF SURVEY �a°���RRVPUCE,MOUNp,MN Mnw•paa)eesoras OeHCECrook OwnxUNVAN Pro�actlANDSCAPING � � �nm�n»aaa o..•omw.,e,�:ma �e..a.aw.r.n. sraawnr onh:ia�rm 3 (' sw.e,.�y. Q � � ? � Council . ' - � 33d C'�- � Exhibit B � 3��o� Doc No A10062276 Certified, filed and/or recorded on Mar 17, 2014 12:00 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark V. Chapin, County Auditor and Treasurer Deputy 53 Pkg ID 1091616M Doc Name:Variance Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. , , O � � O � O CITY of ORONO � -�. � RESOLUTION OF TyE�CITI(�COUNCIL h ' � � G'�' NO. f ��'kESil�g°� A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1282 8�78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3623 WHEREAS, L.in Y.an and Amy Yongli Shi, a married couple (hereinafter "the Applicants") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: Lofs 1 and 2, Block 11, Saga Hill Revised (hereinafter the "Proper#y"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1680, 78-1279 and 78-1282 to allow construction of a new lake access stair resulting in 209 square feet of hardcover and which replaces an existing stair encroaching into the adjacent undeveloped City right-of-way within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading to correct a drainage issue adjacent to the existing home on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 16, and October 21, 2013 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 13-3623. Page 1 of 5 .� , � � � � O� � � O CITY of ORONO �1 - ��. D+ RESOLUTION OF THE ITY COUNCIL �'� G�'� NO. ��° y � , ��kEsKog'� 2. The Property is located in the LR-1 B One Family Lakeshore Residentiai Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140'. 3. The Planning Commission reviewed this application at a public hearing held on October 21, 2013 and voted 7 for and 0 against on a motion to approve the CUP for grading and the hardcover variance. Th� Planning Ccmmission finds that the following factors support the granting of the requested variance and CUP: a. The Property contains 30,378 square feet in area (0.70 acre) and has a defined width of 193-feet at the lake and 147-feet at the 75-foot setback. b. The home on the Property was constructed in 2007. c. The Applicants have proposed to remove an existing stair which encroaches into the adjacent undeveloped City right-of-way. d. The Applicants' proposed stair system has been designed in a way which offers screening of the stairs with a natural-looking slope as viewed from the lake. � e. With a total of 19% overall hardcover, the Property will conform to the hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations will also be met. f. The Applicants' proposed stair system and grading will not alter the essential character of the neighborhood and will result in minimal or no negative impact on a�jacent properties. g. The Applicants' project will not adversely impact views of the lake currently enjoyed by the adjacent properties; views of the Property from the lake will be improved with the new stair. h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered. The approved grading plan has been Page 2 of 5 .� o,�,. � O CITY of ORONO � �- � RESOLUTION OF TyE,�CI�TY�COUNCIL �� � �G'�' NO. b 9kESHo�' designed to address the Applicants' drainage issues and does not adversely impact the natural character of the lakeshore. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake access stair within 75' of the OHWL; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new .lake access stair Minnetonka to replace an existing stair which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading and to correct a drainage issue next to the existing home on the Property; subject to the following conditiens: 1. Council approval is based on the survey/grading plan and stair plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhit�its A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by the Applicants prior to the commencement of grading activities. 4. The Owner shall conform to the recommendations of the City Engineer. Page 3 of 5 .� 0,�. O O CITY of ORONO � ,. � RESOLUTION OF TME CITY COUNCIL ��� G'�' NO. � � � � �kESHOg'� 5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the take. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the Zoning Permit for Major Land Alteration. 9. An as-built.grading plan/survey showing con�ormance with the approved pian shall be submitted prior to the final inspection of the site grading. Vegetation must be estabtished and final grading must be approved prior to the release of escrow monies. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (November 12, 2014). 11. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 12. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12th day of November, 2013. ATTEST: ,; t �' ;�d_.�_ �--� l���c-t�,�. �.��. �P Rachel Dodge, City Clerk Lili Tod McMillan, Mayor �— Page 4 of 5 . ; � � O� O � O CITY of ORONO � +-� ;�. F RESOLUTION OF TH� �TY COUNCIL �'�L �� No. � �kESHOg'� � - ✓-�__..�---,,;�„�._._ Property Owner(s) C STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of �GO�'U.GZ , 20y3�by Lin Yan, husband of Amy Yongli Shi. E �Otil�t�t �/1' ' ��''�� MONICAA.FADNESS Notary Public � �•;. � -_��;�t�;�.��:C'inRY PUBLIC-AIINNESOTA ,,,,���;; ��.�. ��r,�missiai Fxpires Jan.31.ZQ17 STATE OF MINNESOTA COUNTY OF HENNEPIN � This instrument was acknowledged before me this�day of , 20�'�, by, Amy Yongli Shi, wife of Lin Yan. ... � • �.;,�: � x =�•r«�P. MONICAA.FADNESS E t� NOTARYPUBLIC-MINNESOTA Notary Pubiic � ';w�i:�h1y Commission F�cpires Jan.31,2017 �;.,,.. ..�r�.a�R Page 5 of 5 . � . , , , `, , � . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 12, 2013, with the original thereof on file in my o�ce, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this (U`�`'day of �'Yl�� �� , 2014. `,-�cc c_�--�.-� �c;cc 1;�, City Clerk , CO�JNCIL M��fiiNG Date Application Received: 3/2/15 MAR 0 9 2015 Date Application Considered as Complete: 3/2/15 60-Day Review Period Expires: 5/1/15 CIN OF ORONO REQUEST FOR COUNCIL ACTION Date: March 5, 2015 Item No.: � Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaf&on Planning Dept. Title: Senior Planner Item Description: #14-3685 Willi Abbott o/b/o T'he Broadway Group, LLC -Plat of Oliver Hill (Willow Drive North) -Request to Amend Development Agreement re: Lot Coverage -Addresses involved are 2335 and 2340 Oliver Hill List of Ezhibits A - Submitted Letter of Request B - Survey/Sketch C - Development Agreement Excerpt re Lot Coverage D -Resolution No. 6368 E - Building permit Survey submitted 1/22/15 F - Email to Builder 2/20/15 Summary of Request The applicant requests an amendment of the Development Contract and RPUD Agreement for Oliver Hill to revise the limits on Lot Coverage for two of the seven lots. Staff Recommendation Council should review the options suggested by the applicant and consider whether a change is appropriate. The City Council granted preliminary plat approval for the plat of Oliver Hill in February 2014 via Resolution No. 6368. One of the Findings in that resolution was to impose a 15% Lot Coverage by Structures limit rather than a Floor Area Ratio on the development. The basis for this was noted in the December 5, 2013 Council Memo: "Noting that the developer is planning to build modestly priced and sized homes, Planning Commission recommended that the 15% lot coverage standard be imposed on this development rather than the RPUD standard 50% Floor Area Ratio (FAR). The 50% FAR would likely allow for much larger homes to be constructed if no 15% limit is in place. The developer has no objection to this limitation." This requirement was included in the final plat approvals and incorporated into the Development Agreement as Paragraph 23(G): G. All of the proposed lots in the Development/RPUDA/PUD #8 Plat contain suita.ble area meeting all established setback requirements to allow the construction of single family residences. Setback/yard requirements shall be per the following table: w �R�s �R�s #14-3685 2335/2340 Oliver Hill �23� Z'Q 3� March 5,2015 Page 2 Oliver Hill-Individual Lot Standards BLOCK 1 BLOCK 2 Standard Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 1 Lot 2 Front Setback 25' 25' 25' 25' 25' 25' 25' Rear Setback 40' 40' 40' 40' 40' 35' 35' Side Setback(Interior) 10' W=10' W=15' 10' N=10' 10' 10' E=15' E=10' Side Setback Exterior NA NA NA NA S=15' NA E=15' Side Street Setback 40' NA NA NA NA 40' NA Willow 15%Maximum Lot 6,042 4,963 3,493 4,862 3,694 2,932 2,684 Coverage by Strurtures s.f. Floor Area Ratio FAR Not A licable Wetland Setback 35' 35' 35' 35' 35' NA NA The two lots in question are Lot 2, Block 1 (2340 Oliver Hill) and Lot 2, Block 2 (2335 Oliver Hill): - Lot 2, Block 1 (N. side of the road) has a total lot area of just over 33,000 s.f. including wetland , and 15% lot coverage allowed is 4,963 s.f. ; but because so much of the lot is wetland, the actual buildable area after taking into account wetland and lot line setbacks is only 3300 s.f. or 10% of the lot, and due to the shape of this lot an actual footprint of perhaps no more than 2500 s.f is feasible, or less than 8% lot coverage. - Lot 2, Block 2 (S. side of the road) has a total lot area of just under 17,000 s.f., no wetlands, and 15% lot coverage allowed is 2,680 s.f.; but because the lot is entirely dry buildable, the actual buildable area after taking into account lot line setbacks is nearly 8,300 s.f. Applicant has sold off Lot 2, Block 2 to an owner who wants to build a house exceeding the 2,680 s.f. lot coverage limit. Applicant suggests that from an overall development standpoint, it would be feasible to take excess unusable lot coverage allotment from Lot 2 Block 1 and grant it to Lot 2 Block 2, while resulting in no overall increase (and potentially a decrease) in the overall lot coverage for the development as a whole. He has suggested three schemes for doing this - see letter of request, Ezhibit A. T'he City has not had a request such as this in the past, and the code does not specifically provide for a transfer of development credit from one existing lot to another. Because this development was done as a Residential Planned Unit Development (RPUD), Council does have the option of revising the Development Agreement to make such a change if Council determines it is appropriate. #14-3685 2335/2340 Oliver Hill March 5,2015 Page 3 Analysis Staff would note that the developer's original premise during the subdivision review was to build modestly sized homes, and the conceptual footprints shown on the approved development plans had no footprint larger than 2200 s.f. (see survey, Ezhibit B). Following this concept would have resulted in none of the homes approaching the 15% lot coverage limit. T'he builder submitted for a building permit for Lot 2, Block 2 in January 2015 for a house with footprint of approximately 4,000 s.f., i.e. lot coverage of just over 22% (see permit survey, Ezhibit E). The permit application recently received for Lot 5 also shows a footprint much larger than the original conceptual plan (3,000 s.f. proposed footprint vs. 1,768 s.f. concept) but because that lot is larger, it still meets the 15%limit. The developer has sold some but not a11 of the lots to buyers/builders. Apparently there was inadequate communication between the developer and builders as to limitations on these lots. The development improvements for this subdivision have not been completed and building permits cannot be issued until the road has been completed, which is likely not going to be until April or May. The issue for the Council to consider is whether it is reasonable to allow the transfer of unusable excess lot coverage allotment from one lot to another lot. That has not been done previously. On a lot by lot basis, staff would recommend denial of a variance for lot coverage exceeding 15%. From an overall development standpoint,the request may be reasonable. If the request is not approved, the subdivision will have homes ranging from less than 2,000 s.f. footprint to more than 3,000 s.f. footprint. If the request is approved, the proposed residence on Lot 2 Block 2 will have a 4,000 s.f. footprint, likely double that of the probable home directly across from it on Lot 2 Block 1. Staff Recommendation Council should consider whether the request is reasonable given the above analysis, and ask any questions of the developer and builder as to why this request is justified. Staff recommends that Council consider how you would have responded to the inequities between buildable area of each lot vs the 15% lot coverage limits if this request had come during the subdivision review. COUNCIL ACTION REQUESTED Provide direction as to whether any of the developer's suggested options is acceptable, and if so, direct staff to draft an amendment of the Development Agreement. • Council Exhibit A Orono City Council, We have a buyer on LOT 2 BLOCK 2 Oliver Hill whose architect has submitted a completed house plan to the City of Orono for a building permit. There is a challenge in building this house due to the maximum lot coverage calculation. We have found a disparity with LOT 2 BLOCK 1 directly across the street, which is still owned by the developer. We feel this information may offer a solution to our challenge of building on LOT 2 BLOCK 2. During the planning of the RPUD, it was decided that a 15 percerrt maximurn lot coverage was the best plan for this development. Our challenge with this is that there is a building envelope square footage of approximately 8276 for LOT 2 BLOCK 2 and approximately 3300 square feet on LOT 2 BLOCK 1. However, the maximum lot coverage for these finro lots does not follow the same proportion. The maximum lot coverage for LOT 2 BLOCK 2, with 8276 square foot building pad, is 2680 square feet.Yet, the maximum lot coverage for LOT 2 BLOCK 1 with a 3300 square foot building pad, is 4963 square feet. As you can see, the building pad for LOT 2 BLOCK 1 is smaller that the allowable structure. What we are requesting is an adjustment to rebalance lot coverage,with a reduction of total coverage on the RPUD. This will allow the lot buyer to build their proposed home on LOT 2 BLOCK 2, which they have already purchased and move into the community. The following describes three options for addressing this issue: (1) Reduce the lot coverage of LOT 2 BLOCK 1 to 3000 square feet and increase the lot coverage of LOT 2 BLOCK 2 to 4000 square feet, resulting in a total reduction of lot coverage on the RPUD of 643 square feet. (2) Swap the total lot coverage square feet of LOT 2 BLOCK 1 with the total lot coverage square feet of LOT 2 BLOCK 2, resulting in no increases or decreases to the total RPUD lot coverage. (3) Average the lot coverage square feet of both lots resulting in a total lot coverage of 3821.5 square feet for each lot and no increase or decrease in total RPUD lot coverage. We appreciate your consideration of this challenge and the listed solutions. Best Regards, The Broadway Group, LLC i ' � � . , ' 33 33 �• - S 89'20'34" E 181.Ol �-. I �`���I 1 r- —91_00 � 90.01 • �l 1 : ,� � - - - � ,� PRELIMINARY PLA T � � i � � o� � � I I .� I 5 � (Re-formatted for 11x17 sheet� I �� : I � � � � : I � � � � � . zW Prepared for.• : �\ � � ��I o Broadway Group LLC � ��`� � � ,� � o : � ' I `�\ Mana g� a Wetlond �' I • 2 I O � I �--(delineot�b�y Jocobson-s� Environm_�. qr l, P L LC on i I ` � I � ( I M a y l l �2 0�3) � � .- N 8 9 2 1'0 0"W 3 2 1.2 8 _. � ro . 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I �___� I o; -� N 1 inch = 60 feet wL' N �I �u �� I Boundory Descripfion (sup liv ed b,y client) 33 33 ^ I � � Lot 2, Block f, ULMER ESTATES, and Lot 2, Block 1, , ^I � I tl.l I HUNTERS GREEN, Hennepin County, Minnesota. : � W I o o _ I _ �5 Subject to any and all easements of reco�d. o �'I d- �n Q � :"�o I ��/�� �' . I I �r I � PlD Numbers: 34-118-23-33-0055 �� 40 � I �7�Q�� ��C� I h 34-f f8-23-33-0058 : � I B L � C � J I � Propertv Address: 2350 Wofertown Rood � i� I _ — J 2 �p � Orono, MN i � L 1 �� �� �� 111.93 � � 89.08 -�• O Stormwate� Oualitv Overinv District: I �� S 89'20'34" E 181.01 � Tier 4 (limitation of 509' hardcover) ; �� �� i �� � I i : �� o I I � `� ,s -� - a � — �— 5 � AREAS M o � I I � Lof Name Total Area Total Drv �ntiauous �Y-v Lot Co�r-aae* N� p o _ _ _ �__ _ J L_ __ �_ _ _ Block f: N N Lot 1 40,028 s.f. 15,789 s.f. f5,789 s.f. 5�' � � Lof 2 33,086 s.f. 13,651 s.f. 13,651 s.f. 59' cV N , � Lot 3 23,289 s.f. 19,156 s.f. f3,726 s.f. 8�' Lof 4 32,4f5 s.f. 28,992 s.f. 13,768 s.f. 7� 3 Q � Drainage and Utility Easements being 10 feet in width Lot 5 24,627 s.f. 21,951 s.f. 18,343 s.f. 7� O � � and adjoining street and rear lot lines, 5 feet in width Block 2: o O N and adjoining side lot lines or otherwise as marked. Lof 1 19,548 s.f. 19,548 s.f. 19,548 s.f. 109 A Lot 2 17,869 s.f. 17,869 s.f. 17,869 s.f. 129 p � Publ/c Rood.• 17,889 s.f. Ouflof A: 5,460 s.f. Z ` � �-�i �� � � *Proposed lot cove�oge calculafions based on house a�eo only. , O �� — _ _ — 10 ... `. � ... � � � Wa tertown Rd.�S8 0 004�E — � '� —�- — � SCHOBORG N N � o �" LA D SERVICES � (,,� Buildinq Setbacks being 25 feef in width ond adjoining � n f�ont lot lines, 35 feet in widfh and adjoininq �eo� lot � = 0 'NC lines and 10 feet in width ond ad omin side lot lines, �, Revision Dote: 2-19-14 40 feet in width and adjoininq �low D�ive North, o� v Bearings based on assumed datum. ofherwise as morked. ' Council Exhibit C A'�� �/ � �T� �� (reserved for recordbe8��I DEVELOPMENT CONTRACT And RESIDENTIAL PLANNED UNIT DEVELOPMENT AGREEMENT (Developer Inst4lled ImprovementsJ Oliver �lill Project Number 13-3637/14-3685 PUD NO. 8 AGREEMENT (this "Contra.ct") dated effective �er�0 da.y of �F��p►e�014 (the `Bffective Date"), by and between the CITY OF ORONO, a Mirmesota municipal corporation ("City"), and THE BROADWAY GROUP,LLC.,a Minnesota limited liability company("Developer"). 1. REQUEST FOR DEVELOPMENT AND RESIDENTIAL PLANNED i7NIT DEVELOPMENT APPRQVAL. The Developer has asked the City to apptave a development and residential planned unit development agr�eement for oLl[�R HIL�P1�olECI'NO. 13-3637/14-3685(referred to in this Contract as ffie"Development/RPUDA/PUD#8"). The land is situated in the County of Hennepin, Stabe of Minnesota,and is Eegally described on the aitached Ezhibit"A". 2. CONDITIONS OF DEVELOPMENT AND RESIDENTIAL PLANNED UNTT DEVELOPMENT APPROVAL. The City hereby approves the Development/RPUDA/PUD#8 on condition that 6/12/14;1�G 9/16/14 ! Orono/Oliver Hill/No. 13-3637& 14-3b85 176712v2 D. Prior to final development approval by the Orono City Council, the Developer sha11 provide in recordable form an appropriately executed Drainage and Utility Easements over areas identified on the approved Grading Plan. E. Prior to final development approval by the Orono City Council, the Developer shall provide the City with an appropriately execated Permanent Flowage and Conservation Easement and Restrictive C�venant for Wetlands document,in recordable form. F. The Developer shall remove the existing principal bnilding and any accessory stcuctures located within the Property. Removal of the principal and accessory buildings must c�ccur as a condition to final plat approval and prior to filing the plat with Hennepin County. G. All of the propoaed lots in the Development/RPUDA/PUD #8 Plat contain suitable area meeting all established setback requirements to allow the construction of single family residences. Setback/yard requirements shall be p�the following table: Oltver Hill-Individual Lot Standards BLOCK 1 BLOCK 2 Standard Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 1 Lot 2 Front Setback 25' 25' 25' 25' 25' 25' 25' Rear Setback 4d' 40' 40' 40' 40' 35' 35' Side Setback(Interior) 14' W=10' W=15' 10' N=10' 10' 10' E=15' E=10' Side Setback 'or NA NA NA NA 5=15' NA E=15' Side Straet Setback Willow 40' NA NA NA NA 40' NA 15%Msximum Lot Coverage 6,042 4,963 3,493 4,862 3,694 2,932 2,68Q Structures s.f. Floar Area Ratio AR Not A licable Wetland Setback 35' 35' 35' 35' 35' NA NA H. By virtue of the RPUD z�ning,all seven lots are subject to the Hardcover Protection Tier 4 hardcover linnitation of 50%of the gross lot area. I. Approval is subject to the recommendations of the City Engineer in his comment letters dated June 20,2014 and any forthcoming comments as rnay be warranted. J. Prior w final development approval by the Orono City Council,the Developer shall fiu�nish an acceptable boundary survey of the Land with all property corner monumentation of the Land in place and marked e��a✓14;1�t�G 9/16/1a 9 Orono/Oliver Hill/No. 13-3637& 14-3685 176712v2 Council ' Exhibit D ' 0a� j � _Y ' 0 o CITY of ORONo � ►-�! � RESOLUTfON OF THE CITY COUNCIL � No. 636 � ���� O��p ESH A RESOLUTION APPROVING THE GEIVERAL CONCEPT PLAN ' AND GRANTING PRELIMINARY PLAT APPROVAL FOR PROPERTY LOCATED AT AND ADJACENT TO 2350 WATERTOWN ROAD (PINS #s 34-118-23 33 OQ58 AND 34-118-23 33 0055) � FILE NO. 13-3637 ` � WHEREAS, The Broadway Group, LLC {hereinafter the "Developer") has an interes� in property Iocated at 2350 Watertown Road (Hennepin County PINS #34-118-23 33 0058) and the adjacent property abut�ing Willow Drive {PINS #34-118-23 33 0055) within the City of Orono (hereinafter the "City") and Iegally described as follows: EXHIBIT A (Attac6ed) (hereinafter the "Property"); and � WHEREAS, the Develaper has requested General Concept Plan Approval for Planned Unit Developinent of the Property which consists of approxunately 4.92 acres in total area. Proposed is a rezoning from RR-1B, One Family Rural Residential District to RPUD Residential Planned Unit Development District for creation of 7 single family residential lots; and WHEREAS, on September 18, 2013 the Deveioper filed an incomplete � subdivision application with the City for preliminary approval of a 7-lot residential plat of the Property, which application was subsequently considered as complete upon Developer's submittal of additional materials on November 8, 2013; and WHEREAS, after due�published and mailed notice in accardance with MinnesoYa Statutes 462.358 et, seq. and the City of Orono Zoning�and Subdivision Codes, the Orono Planning Comrnission held a public heari.n�for the application and reviewed it on November 18, 2013, at which tune aIl persons desiring to be heard concerning this application were given the opporhtnity to speak tlzereon; and WHEREAS, the Planning Commission on November 18, 2013 recommended on a vote of 5-0 that the Council grant rezoning to RPUD Residential Planned Unit Development District and grant general concept plan and praliminary plat approval subject to a number of conditions a.nd recommendations, inoluding additional landscaping along Willow Drive to reduce Page 1 of 13 . i � � O� • 0 o ciTY of oRONo +-7 � RESOLUTION OF THE CITY COUNCIL � �� ��� No. �6 3 6 $ '�kEsxo�' ' the visual impacts of the development; analysis of new road orientation to Willow Drive to " potentially reduce headlight impact to existing opposite home; elimznate trail use of 20' proposed autlot carridor to Watertown Raad, remove existing driveway aild revegetate; RPUD lot standard flexibility should be allowed for side street setbacks, lot widths and contiguous dzy buildable areas as proposed; use of 1S% lot coverage standard rather than the RPUD standard 50% Floor ; Area Ratio (FAR); R.PUD 10% private recreation area requirement to be met by a combination of conservation easement over defined tree preservatian area and dedication of a trail easement over sewer lizze easement; and wetland and tree preservation areas subject to easexnents over each individual lot rather than via an outlot; and ' WHEREAS, the Orono City Council has reviewed the application at regular meetings on December 9, 2013; January 27, 2014; February 10, 2014; and February 24, 2014, and makes the following findings in regazd to this application for rezoning and RPUD General Concept Plan approvai: FINDINGS A. Cornmunity MAna�ement Plan Conform.itv;Rezoning 1. This application was reviewed as Zoning File#13-3637. � 2. The entire property is currently zoned RR-1B One Family Rural Residential Zoning District, requiring a minimum residential Iot size of 2.0 acres. The property consists of approximately 4.92 acres in total, conzprised of two separate tax parcels, con#aining an existing single family residence. 3, The property is guided in the 2008-2�30 Orono Community Management Plan (CMP) for single family residential use at a densit�� of up to 3 units per acre, The proposed layout contains 7 single-fa.inily lots on 3.68 non-wetland acres for a density of 1.9 units per dry-buildable acre. The proposed use of the property is consistent with the Orono 2008-2�30 Communit�� Management Plan (CMP) guiding of the property 4, The Property is iocated within the Metropolitan Urban Service Area (MtJSA) and is intended to be develaped using municipal sewer. Municipal sewer is available from the City of Orono, subject to the terms of the Glendale Cave Sewer and � Water Service Agreement between the cities of Orono and Long Lake dated July I, 2011. Page 2 of 13 .� o,�. 0 o CITY of OR�NO � � RESOLUTION OF]'I�F�8 COUNC[L '�'� �G'�' NO. b 3 `qk'EsHog' 5. Because tl�e property is guided in the CMP for singie family residential use at a density of up to 3 units per acre, use, the property should be rezoned consistent with tlie intended and guided use. The most appropriate zoning for the intended : use is RPUD, Residential Planned Unit Development District. 6, This proposed SFR development for 7 new homes has an average contiguous dry � buildable lot area vf just aver 16,000 s.f. with individual gross lot areas ranging � froni 0.42 acre to 0.94 acre. This is consistent with tYze general range of lot sizes ; in the sunounding neighborhoods. ' 7. The property is 4.92 acres in total area of which 3.b8 acres is ctry buildable. Per Zoning Code Section 78-626(1) rezoning to RPUD is limited to properties of at least 5 acres in total area unless the CounciI finds the existence of at least one of four factors in support of RPUD development, The Council f nds that the Property is directly adjacent to the Glenda3e Cove development which has been developed previously as RPUD, and the proposed development will be perceived as and will fimction as an extension of that previously approved development. 8. Rezoning tlie property to RPUD Residential Planned Unzt Developznent is apprapriate based on the proposed density and nature of the proposal, wliich meets the following general purposes of the RPUD District: - incorporates flexibility in land development and redevelopment in arder to utilize new tecl�tuques of bttildin.g design, construction and land development; - incorporates energy conservation through the use of clustering of , buildings and land; - preserves desirable site characteris�ics and open space and pratects • sensitive environmental featlues, including sensitive wetland areas; - provides design campa�ible with surround'zng land uses, including both existing and planned; - results in development compatible with the densities of residential housing located in die immediate area, inciuding the Hackberry and Glendale Cove neighborhoods of Orono and the Glendale Drive area in Long Lake; and - yields development which is consistent with the Comprehensive Plan. Page 3 of 13 .� o,�,. i 0 o CITY of ORONQ ' ; � � � RESOLUTION OF THE C1TY COUNClL �`�� ����" No. 6 3 b $ `q�'ESsHOg' � B. Site Planning &Ameiuties ; 9. The applicant has subnnitted a Conservation Design Repart and Master Plan defuung what natural values of the site should be preserved or enhanced and how that should occur. A summary of the si�mificant findings and recommendations includes the following: - Identification of two basic views into the property from offsite: - Definition of two notable corridor enclosures: � - A Natural Resource Inventory of the site indicated; - No defined Natural Areas are documented on the site by the MLCCS Inventory. - The tree stand northeast of the creek includes box elder, basswood, apple and green ash, Principal herb species fotuid were ground ivy, buckthorn, stinging nettle and tall goldenrod. - No rare plant communities wexe found. � - A potential need for proactive management of bucicthorn was noted. - The Conservation Design Master Plan contains the following elements: - Stormwater Master Plan - pending final site layout - Invasive Species Rexnoval and Mana�enlent - Diseased tree removal and replacement - The northeast tree stand to be protected - Ecological cannections will be maintained via preservation of wetlands and the northeast tree stand. The proposed lot Iayout will n.ot conflict witlZ the Master Plan, as areas to be protected are not proposed to be developed. 10. The wetlands delineated on the site axe expected to be classified by MCWD as Management Class 3, requiring a 16' buffer per MCWD rules, Orono Code requires a 35' wetland setback for structures which has been identif ed on the preliminary plat drawings, a��d zndicates no encroachments are proposed nor needed. There axe no proposed changes to the wetIa.iids. Per the City Engineer, Drainage and Utility Easements must be placed over the wetiand and all ditching direcfing nuioff, and must be shown on the Final Plat and final Street, Utiiity and Grading Plans. Page 4 of 13 .� o,� � 0 o CITY of ORUND ; � � RESOLUTION OF THE CITY COUNCIL � �� No. f� 36 �`qkESH�g'� 11. The proposed development meets the RPUD standards for SFR development [Section 78-626(8)],with the following exceptions noted in bold type: RPUD Standard Approved Standard Min. contiguous dry buildable lot area 15,000 sf Range: 12,787 sf- 18,830 s.f. Average 16,Ofl0 s.f. Min, lot width at front setback line 90' Range: 65' -120' Average: 92' � Front setback: internal s�reet 2S' 25' Setback to Wiilow Drive 50' 4fl' Minimum lot depth 125' 125' Minirauzn rear yard Lesser of 40' or Lesser of 40'or 20%of lot depth 20% of lot deptl� Min, side yard, lot line inte�•ior to RPUD 10' 10' � Min, side yaxd, lot line exterior to RPUD 15' 1 S' M�imrun building height 30' & 2-1/2 stories 30' &2-1i2 stozies� Floor Area Ratio 0.5 NA Lot coverage by structure nA 15%* * SEE[NDiVIDUAL LOT STANDARDS TABLE BELOW 12. All 71ots will be served by a new private cul-de-sac road to be platted as an autlot and to be constructed by the developer to City standards, with mininlum paved road width of 28 feet and minimum cul-de-sac diametex of 80 feet. All 7 new lots will have driveways accessing the new road, and none shall have direct driveway access to Willow Drive. Because this is considered an urban development, the City will ultimately own and maintain the sanitary sewer Iines, 13. The private recreation area of `10% of the platted property' required under the RPUD standards will be sufficiently met by dedication of a 10-foot easement for future public #rail purposes along Willow Drive, and by preservation of the wetlands on tl�e property, The Council finds that the proximity to �tackber�y Park eliminates the need to further provide for the recreational needs of this development. Page 5 of 13 o � � � � O O CITY of ORONO � �1 � RESOLUTION OF THE CITY COUNCIL , �'� �� No. 6368 ��qkESI304,� � 14. The Planning Cornmission has recommended that a 10' easement be dedicated to allow far future extension af the City's public txail system along WiIlow Drive. The developer will not be required to construct this trail extension, The City Council finds that the park dedication for this development shauld be in the form of a Cash Contribution in Lieu of Lands as ailowed by tlae Municipai Code. I5. Stormwater mai�gement will be provided by a system of swales along the roadway and lot lines. In addition to the City of Orono, the Minnehaha Creek Watershed District has approval authority over the applicants' stornlwater management plan. 16. The applicant has provided the following Plans attached to this Resolution as Exhrbit B including: B-1: Sheet 1 of 7 -Cover Sheet dated 2/12/2014 B-2: Sheet 2 of 7 -Survey- Existiug Conditions dated 9/23/2013 B-3: Sheet 3 of 7 -Preliminary Plat dated 2/19/2014 B-4: Sheet 4 of 7 -Pceli�ninary Street&Utility Plan/Profile dated 2/12/2014 B-5: Sheet 5 of 7 -Preliminary Grading Plan dated 2/12/2014 B-6: Sheet 6 of 7 -Preliminary Storm Water Pollution Prevention Plan dated 2/12/2014 B-7: Sheet 7 of 7 -Pceliminary Landscape Plan dated 11/25/13 B-8: Detailed Landscape Plan dated Applicant has also provided additional preliminary plans not attached 1lereto including conceptual building footprints and designs. Council finds that tlie plans submitted are generally sufficient to indicate the intent of the developer and the potential impacts of the project. 1'7. The City Councit fmds that the proposed rezoning and proposed developrnent o:� the property for single-fam.ily uses is appropriate for the property, will not have negative impacts on the surrounding properties when all Concept Plan Approval conditions are mefi, and is in keeping with the goals, policies and philosophies of the City. CONCLUSTONS, ORDER AND CONDITIONS NOW, THEP.EFOR�, BE IT RESOLVED that the City Council of the City of Orono hereby approves the General Concept Plan for development of the property at 2350 Watertown Road (Hennepin County PINS #34-11$-23 33 0058} and the adjacent property Page 6 of 13 .� 0,�. O O CITY of OR4N0 � +�! � RESOLUTIQN iJF THE CITY COUNCIL : �'�� ����' No. b 3 6 8 �x'ESH�'4� abutting Wiliow Drive (PTNS #34-118-23 33 0055)by The Broadway Group, LLC subject to the following deciaxations and conditions: � l. The City of Orono will approve rezoning of the Praperry to RPUD as described herein � upon City Council finding of satisfactory conapletion of the Conditions for Development Plan approval. 2. Conditions for Development Plan Approval are as follows; ; A. RPUD llevelopment Standarc3s and General Conditions. 1) Developer shall provide a final Development Plan for the development that conforms to alI standards of the R.PUD District except as modified herein, and shall demonstrate to the satisfaction of the City Council that all RPUD standards have been met and shall demonstrate where such standards have not been met, and sha11 satisfy the City Council that non- compliance with said standards is rernedied in a manner acceptable to the Council. 2) 'I"he new road servi.ng the development shall be platted as a private road outlot as shown on the approved Preliminary Plat drawing (Exhibit B-3). The road shall have a rural design to the greatest extent practicable, and use surmauntable swale curbing where required. The road shall have a corridor width of 50' and a paved width (back of curb to back of ci�rb) of 28'. Tlie road shall be owned and maintained by a Hon�eowners Association, � 3} The following standards shall appiy to the individual lots as noted below: Ind�vidacrxl Lot Standards BLOCK 1 BLOCK 2 Standard Lot 1 Lot 2 Lot 3 Lat 4 Lot 5 Lot 1 Lot 2 Front Setback 25' 25' 25' 25' 25' 25' 25' I2ear Setback 40' 40' 40' 40' 40' 35' 35' Side Setback(Tnterior) 10' W=iO' W=15' 10' N=10' 1Q' l0' E=15' E=10' Side Setback(Ea�terior) NA NA NA NA S=15' NA E=15' Side Street Setback(Willaw 44' NA NA NA NA 44' NA 15%Maximum Lot Coverage 6,042 4,9b3 3,493 4,862 3,694 2,932 2,680 � b Structures s.f. Floor Area Ratio(FAR} Not A licable Wetland Setback 35' 35' 35' 35' 35' NA NA Page7of13 � °� � O O CITY of �RONU ' A+ RES�I.UT10N UF THE CiTY COUNCIL �� G��' rvo. b � b 8 � �x'ESH��'� 4) Developer sha11 grant a 10' trail easement along Willow Drive in Lot 1 � Block 1 and Lot 1 Block 2 for future public trail construction by the CiTy. 5} Developer shall provide a Iandscaping plan meeting all of the requirernents of the R.PUD District, and addressing the elements of Conservation Design to the satisfaction of the City Council. Fina1 landscaping plans will be reviewed for cozLfomuty with the RPUD . standards. B. UEilities; Stor�nwater Management 1) Sanitary sewer mains shall be installed by the Developer per plan.s subject io approval by the City Engineer, A sewer easement shall be granted over the existing City sewer line in Lots 1 and 2, Block 1. 2) The City will own and maintain tha sanitary sewer mains within the development. Tl�e City will inspect these systems during their construction to ensure proper instaliation. Drainage and Utility Easements shall be gr�unied to flle City of Orono over all sewer utility Iines and facilities, including the rights of way necessary to maintain same. 3) Developer shall provide suitable evidence of Minnehaha Creek Watershed District (MCWD) approval of the stormwater management plan before final Development Plan Approval will be granted. The stormwater inana�zement systezn will be owned and maintained by a Homeownexs Association. C. Wetland Impacts 1) Applicant shall demonstrate to the satisfaction of the City Council that all requ.irements of the Minnehaha Creek Watershed District as administrator of the WCA regi.ilafiions on Orono's behalf, are complied with. D. Grading,Erosion Control I) Erosion control shall adhere to Best Management Practices in conformance wilh the City of Orono Surface Water Pollution Prevention Plazl (SWPPP), All erosion controls as zequired by the City and the MCWD shall be in place pxior to commencing excavation on the site. All sucl� erosion control measures sha11 be maintained in working order until the site is revegetated. Page8of13 � I � O� O O CITY of OR�NU , � � � RESOLUTION OF THE CiTY COUNCIL � � G'� NO. 6 � 6 S � ���E8TcI�g'� � 2} 'The construction limits shall be clearly marked with adequate fencing to � prevent any const.ruction damage or disturbance of any frees and � vegetation outside of the construction limits area. Developer shaIl identify trees to be preserved an site, shall mark them on a site plan, and shatl talce exixaardinary measures such as fencing, signage, etc. to ensure they are no# disturbed. E. Other General Conditions. 1) A monurnent sign may be provided by the developer at the entxance to the � RPUD development site within the private road outlot. The sigizage shall • , be limited to a development name and/or logo and on the monument sign. , Final design/materials of monument signage shall be provided as part of the final development plan submittals and shall be subject to approval by the City Council. 2} The applicable general engineering comments and or conditions pravided . by the City Engineer during the review process and specifically in the letter dated Navember 12, 2013 by Robert E. Bean of Boltoii & Menk, Inc. shall be suitably addressed by the Developer in the development plan submittals. 3) Developer shall provide copies of proposed covenants and docurnents describing the structure, rights and responsibilities of the horneowners association to be xeviewed by the City Attorney. 4) Develaper shaIl adhere to fhe Conservation Design Master Plan recommendations with regard to improvement and maintenance of the woodland areas northeast of the creek;however, no woodland preservation easemenf will be required. F. Plans and Spe�ifications, The following plans anci specifications shall be submitted for xeview and approval by the Ciiy and other appropriate jurisdictions: 1) Final plans and specifications for all proposed utility lines and services, including any proposed revisions to existing service facilities. Proposed plans shall be provided to the City for final review and approval with the Preliminazy Plan set. The Public Works Department and any othe�• pertinent reviewing agencies shall review and approve all utility , improvements. Final sanitary sewer plans are subject to approval by the Public Works Department and City Engineer. Page9of13 � o� ; O 0 CITY of ORONU � . ; +3 P+ RESOLUTION OF THE CITY COUNCIL ; � D � � � � G'�' NO. ��kEsH��'� � 2) Final grading, drainage and erosion control plan showing existing and , proposed contours, building locations,elevations, stormwater facilities and calctilations, utilities and erosion control measures to be used duriug construction. Development Plan Approval and final plat approval will not be granted until the Minnehaha Creek Watershed District and has approved the stormwater plans. 3) Final Eandscaping design plan with planting schedules includ'zng numbers � and species, in accardance with the landscaging requirements of the R.PUD zoning district, and the recommendations contained wifihin the . Conservation Design Master PIan. 4) Final building construction plans,including -Final Grading& Drainage Plan and SWPP - Final Landscape Plan. - Road aaZd Utiiity Plan ' - Any additiona.l plans deemed necessary by the City Engineer. H. Piatting Proccss. Applicant shall complete all requiremeats for Final Plat Approval as follows. The following list of final submittals must be submitted to the Zoning Administrator 2 weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month. These submiitals are as follows: 1. Record plat drawings in the form of two(3) mylar copies {one copy for the City's recards and one for filing with Hennepin County) and one (1) copy . reduced to 1" =200'. Drawing to include: A. Lot lines platrted per preliminory plat survey/drawing by Schoborg Land Services Inc., latest revision dated 2/19/2014 �ttached her.eto . as Ezhibit B-3, except as modified herein. B. Dedication of "drainage and utility easements" 10' alang ex#erior property lines atxd 5' along the interior property lines; and 10' either side of the existing sewer line in Lots 1 and 2, Blocic 1. ' C. Dedication of areas shown as wetlands. D. Dedicaiion of"Drainage Easements"over all drainageways E. Naming of plat. Page 10 of 13 � . i � O� � 0 o cITY of oRONo , ►�i �� RESONUOTION OF�T�EFI�COUNCIL , C! � � G ���EsHo�'� . 2. Legal documents required: A. Title opinion addressed to the City or a title insurance policy in favor of the City. All owners, mortgage holders or others with properiy interest indicated therein shall sign the plat and a11 other ' documents affected by such interest. � B. The applicant must provide certified capies of all recorded easements currently affecting the property. ' C. Signed Conservation and Flowage Easement to be granted over all delinea.ted wetlands on the plat. D. Signed Developers Agreement and Letter of Credit for . construction of improvements. The City Engineer sha11 establish the amount to be provided in the Letter of Credit. 3, Final plat approval fee to be paid: Total due; $ 700.00 I. Development Agreement. Development Approval is contingent upon the successful execution of a Development Agreement beiween the applicant and the City. Such Agreement shall address all specific City requirements for the development. J, Financial Gnarantee. The Development Agreement shall include a financial guarantee by the applicar�t to ensure the completion of site innprovements. The City Engineer shall complete an estimate of improvement costs, including but not Iimited to pubiic and private streets, curb & gutter, storm sewer, landscaping, grading, erosion control, utilities, trails, and stormwater management facility construction, and the applicant shall provide to the City a financial guarantee of 150% of the imp�•avement costs, K. Storm Water and Drainage Trunk Fee. The standard Storm Water and � Drainage Trurilc Fee for residential development shall be paid by the developer per the 2Q 14 City Fee Schedule. 4.92 acres x $5,765 per acre=�28,364.00 L. Park Dedicntion, The Developer shall pay the standard Park Dedication Fee per the 2014 City fee Schedule. The Park Fee is determined as 8% of the fair market value of the land being subdivided,with a minimum of$3250 per dwelling unit or a maximtun of $5,550 per residential dwelling unit. As there will be six new dwelling sites (tl�e existing house at 2350 Watertown yields a 1-lot park fee Pa�e 11 of 13 .� o�,. 0 o CITY of ORONO r3� On RESOLUTION OF THE CITY COUNCIL ; w`� No. 63d8 G ��kEBH�g'� . credit), the Park Fee will be between$19,500 and�33,300*. ' * As of the da#e of this writing,the City Assessor has not established a fair market value for the property pre-development. The fgures shown reflect the minimum and maximum potential amovnt of the Park Fee. M. Sewer Cannection Charges. There are no City of Oxono sewer coruiection charges due because the Developer will be installing a complete lateral system ' connecting to existing systems. The Develaper shail be responsible for connection charges imposed on the City of Orono or on the Developer by the City of Long Lake per the terms of the Glendale Cove Sewer and Water Sezvice Agreement between the cities of Orono and Long Lake dated July 1, 2011. MCES Sewer Availability Charges will be collected for each Lot at the time building permits are issued for each Lot. 3, This cancepf pian approval is based upon the known issues that may affect this project, but this approval does not limit the City from revising or amending these conditions as the review process continues. 4. This General Concept Plan Approval resolution approves the development concept subject to the applicant meeting the requirements of this resolution and a11 other requirements of the City. Tliis resolutian does not constitute approval of the rezoiiing. Such approval shall only be cansidered when the City Council finds that all "Conditians for Development Plan Appraval"as identified herein have been met. S. This Generai Concept Plan Approval shall be effective until December 31, 2015. If complete application for Development Plan Approval has not been made by that date,the ternis and conditions of this resolution shall be null a��d void. The City Council at its sole discretion may extend this effective period, Adopted by the Orono City Council on this �'7�hday of l9 •/'$/l.��4 C , 2Q14. ATTEST: ����t� ;. /�• �-. �• ��G('(f-� �� Q �� �1 Rachel Dodge, City Clerk Lili Tod McMillan, Mayor , Applicant (for The Broadway Group, LLC} Pa�e 12 of 13 i � . ; � O� O O CITY of OR�NO , +� � RESOLUTION OF THE CITY COUNCIL � �'�� ���' rvo. b 3 b 8 ; `��'�sKo�'� STATE OF MINNESOTA COUNTY OF HENNEPIN On this day of , 2014, , of The Broadway Group,LLC personally appeared before me on behalf of The Broadway Group, LLC. Notaxy Pubiic Page 13 of 13 EXIiIBIT A � RESOLUTION NO. 6368 LEGAL DESCRIPTION � Lot 2, Block 1,ULMER ESTATES, Hennepin County,Minnesota . and Lot 2, Block 1, HLJNTERS GREEN,Hennepin County,Minnesota _ --- `�'- - :� �.,o •; •�a� • wi ,�;� .,_� . o ��. _ � " � -�, .�._ mz� ,�. �..� � �ZO " NAz . � z z . �i �� ���t>� ��� ;. � - ��€ , �- ,�`� — --:�---=b�.� � � �'�'`� r � '.��''a:. �� � � �` ..r ,�- o � z ��, . `��*-���y'; o � a . ,,,.���� �' .� ; ox � � b :� , , ' � zxz . �. � � � � I `�:� � m � „'.'-.,�� r� m �� A�O N :. ?: :t o'�1 ��z ,, r v r • . 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"� sa�,do,,.n.�era.�,�.n.d n.ar..e, ) �` � �_ _ Lot 2 Bbck 1.ULNER ESTATE`$aM Get 2 8lotlr 1. �� . lRlAl1E7P5 CRf2TR Ife�n * }u � SLD�ect to eny ontl o7 s�aaanen^b o!��i.card. ao-' s sszo:�•E re�.oi ' g ( F o ��� s+-ne-za-.u-oau � . N y Ja-�/B-TJ-J3-OO.�B � p @q�aqy nddnsa• 2350 INotmtum Raad 2 SSB7O.34�ZROO Aono.MN %�( sto.m.ot.sa_yty o.�no.,uV•.kr. E..mrat iYa terto�rn Road B�������. �h..ay�.uury enoe nti�.nr�r.oi.uM.�»ns .roe mm,s.,: �su SCHOBORG �„"°�°;�y��,,:,��A,,,,,��«h. �� u : � LA D SERVlCES ,�°`�°�� ,"�"��a �„y��� 4/YfI�J.II.D/1.�SIJ/t.[�/b/�3 ; � AI/+ � , �„�,� �«� �� II Yli. 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' / \�.. .` ' oy 1 i�� � end , � /- ' � �,\ � �Q -X �t�i � • Found Iron Monument � j��2� X 1002.4�6 � jo ''� � O Set lron Monument (LS 14700) � � // � - -OGO- - Existing Contour ` X 1002.9 ? �, � 0 1 / � f0�� -�-- �t�r��ne \� ,k� X�0 ' �'�`1` I (Q00) Proposed Contour X too3� ;���' �ot) �, •�� , � x' . � (per p x 1003.4 ��W �5 ��,�� � O,�ti � X Q00.0 Existing Elevation � �` cn o0•2 � / / y Q �6 I,�O � (0 0 0 0) Proposed E/evation ��004.5 �� �:2 I -.--- Droinage �~1 GO�+'�-^ � 1 •X ��� / / ��� E.W. Egress Well � / �� � � Tree (deciduous) X 1005.0 �! � \ -i 15.0 f `_ 004 5 � / i ! o � � cat�p � � ' � Ge ` • 5 �j v� f S e� � x 1 03.7 \�� ���, S an'ta y ��42`�� � I w Z� � S i f e Ad d r e s s: I `� �"-• . f00 I a�i c�', 2 3 3 5 D l i v e r H i I I OGj61 (�006.4� '� � 4� I � x � Drono, MN 55356 I +�0 O 12.0 OZ ' �' �`' .c l (- ..� � � � W � Description: � �o N N �o �. o t y I '� °��- Lo t 2 Block 2, OLl t/ER H1LL, 00 0 � o''� co I X���s�� �p ���` � y �� �.`` o accordinq to the recorded plot thereof, � �.� � � � a o � Henne pin Co un t y, M in n e s a t o. o �O �� ` � �`i o �°� I � � � �'' � �, � Go�p E h�^ X 100 .4� a .q ° y� u Proposed Elevotions• J 9 p� 'tl- \ .c o � 3 �: � � �� a'�� � I Q � =,°� u� Garage Floor = 1007.4 �� � ��X 1004.3__ �� N b�y m Top of 8lock = 1007.7 co� -- -� .3� N y`"� 3 o Basemen f Fioor = 999.5 - o r� 3�.�5 o� � I �) L Covered Porch � � �¢� �o� b �5.0 -L- I ���� tu a.ma o � �,9 6 � 10o h0 10•17^ 1 9 5 8-, '� p O,�\� Hardcover Ca/culotions (so ft,�• x �cra IN I ,0 �. Proposed House 4,052 1 � N � �d 1005� �oo �^ i o p `�.�- (includes egress weils, porches, deck & steps) oi � � O o1� x `ssX � �p I � Propcsed D�ivewoy 2.167 � � X� �J o Proposed FB o�L,p�� ( v> Tota! Hardcover 6218 U ,�14 7� � � � �3p� I x 5.6 �o t A�ea 17,87Q � � o � � House �"� �I 10.63 ���j I` Percent Structure Coverage 22.79 � N id��-- J OI �, �p��� � � 22 12 ����'� Pe�cent Totol Hordcover 34.89 I � '� _--� "�T�" Z � '` `- � � � ��Opb,�p�-.. -�'" 18.0 �c'i x ���6" x 1� � � o I � '-- '"` - -- ._. , X f- c �� � ^ � r---t g I �0 6� I O �Dec k J I ao m� �I p � ^ �` X f005.�7 1� I°p 17.4 �a- � o �� � � x ,;�� 1 -�-1� �a1006.9�X � � � � (7006.3) L"��� � �_ 18.7 � � -� , N(1007�.2)�� � � � � ���/7` �6.2�1007.8y 4A A � ( p�3" �„ 10 �,o p�-�"�007. � 1 To 9 9 d S f 0 0 7.3 x � � 1�I Q 0 8 (1 0 0 7.3 O a� � �00� '� 2 5 8 5 �� --� , i � �-. ~ ` ^ � '0��1�08) � � i � � % . � � ` -�_ o ���p,_. --�` ��. c- , - -- -' _' _ `�=-',--<�o�o� �� �o�o�o . 2„ a�°� � �008. X 101 �t � � Q I � _I_ � � a I _ _ _ .._ �� � � ) � " '2� , 1 � ' � � ) • I '� x 1011.6 � i � 1009.3 ( � x 10 .7 x f 01 X.7�,��2�` i , � � -- ---._ .--� _ 1 - - N 5/I-�- - - - - - - - �\ I ` ��10 � --�- �- �, � - SCALE W , �` o �-Silt Fence ��.�"� '0 2o c io Zo ao Y'� 0 `\ , p p1�.2 ,.- 211.00 �� 1011.0 � p��' S 89��34 E/89 08 � c 1 � 1 iuch = 20 feet � � I - � 8earings based on assamed dafum. � Job Number. 7922 l hereby certify that this certi�cate of survey was SVHOROR� prepared by me or under my direct supervision and Book/Poge: LL m �� that / am a du/y Registered Land Surveyor under the � n LA D SERVICES �aws of fhe State of Minnes a. Survey Date: 1-13-15 ? � � � Drawing Name: peters.dwg r* �? jNC m _ `' Dtown by. OMS aul B. Schoborg Revislons: 1-19-15 (add silt fence, trees 763-972-3221 8997 Co. Rd. 13 SE Dote: �/'11�• �j�!� Registrafion No. 14700 & raise house to 1 ft. above grading p/on e/ev. www.SchoborgLand.com De/ono, MN 55328 Council � Exhibit F Christine Mattson From: Christine Mattson Sent: Friday, February 20, 2015 4:22 PM To: 'John van Dyck' Cc: 'bpeters@winscap.com'; 'Kelly-Schoborg Land Services, Inc.'; 'John Quinlivan'; Melanie Curtis; Lyle Oman; Mike Gaffron Subject: 2335 Oliver Hill/#2015-00072 Attachments: 2335 Oliver Hill HC calcs.pdf; oliver hill devel contract.pdf John, I have started to review the building permit application for 2335 Oliver Hill and according to page 9, item G of the Oliver Hill development agreement(copy attached) Lot 2, Block 2 is allowed a maximum structural coverage of 2,680 sf. According to the structural square footage listed on the hardcover calculation worksheet this lot is over the allowed structural coverage. I cannot issue the permit as submitted. Please don't hesitate to call me or Melanie Curtis at 952-249-4627 if you have any questions. Christine Mattson Planning Assistant City of Orono 2750 Kelley Parkway ( Orono � MN � 55356(physical addressJ PO Box 66 � Crystal Bay � MN � 55323-0066(mailing addressJ '� 952.249.4620 � 8 952.249.4616 � cmattson@ci.orono.mn.us � � www.ci.orono.mn.us Office Hours: Monday- Friday 8 am to 4:30 pm OUR OFFICE WILL BE CLOSED: Monday, May 25,2015 1 � Ciry of Orona Hardcover Ca[culation Worksheet • Property Adclress: �33✓' O/i'✓G� f��f� Prepared by. S�h o 6 0�c �a nal Sa.r'v��e5.�nc. oa�: �3 1S � Stortnwater Quality Overlay�Tier. {�ircle one) Tiar 1 Ti�r 2 Tler 8 er 4 Tier 6 8bsp 2:� _ In the foltanring table, itientify al! items af proposeti hendc�over on the prnperly, keyed by iett�r to Cerafic�e of Sunrey{survey must �cco�any this farm). Indude all exieting hardoover ibems tt�t are infiended�o rern�n, as wep as afl proposed hardoover items that will be added. Use as rr�y lines as . neo�ary b�aooura�Oly depic�proposed handcover status of the prope�iy. For Tier i propetties, idgMify any features by btter which are aplit at the T5' aetbedc line end cehxileb herdcaver square foofape for e�ch ' n. Su�i�v� lisrdcover Ibm�De�cribaj Lsn�th x MYldth T uaes Feet A cJ xl 8.F. B e e. 3 A9N .F. C 8.F. p ti.ss !n/.i� aw S .F. E .F. F S i S.F. � 3 H 'rt :m Z 1 t J ' S.F. K 3.F. L M F. N S.R. O S.F. P 8.F. Q S.F. .F. U S.F. V S.F. W F. X 8.F. Y S.F. Z S.F. 1 Total P Hardcover ' 2/ 3.F. O 3.F. 8.F. S.F. 8.F. 8.F . To�i E�odudabie Hardoover i 8.F. 3 Net P Hardcover ubtracl Ine 2 from Nne 1 /I 4 Tota!LotArea t ']D S.F. " �..d�.�,��.� c ro,+c4�� 3�f.Z � mr�r����eb�r�. �vsyen�t�asawn r�d.�o r��.�or orr�. � ner�►,�nc►�.w.,X.�,y�,�,m.rrc►►ra r,or c�a�ee�r w�,p,ov�ror,e aa,.cany coas.rns c�oa�pro,�t�r,a w�r�����?�► lg a�.�av � �fi��Q� Q . COUNCIL MEET1��1� Date Application Received: 3/4/15 MAR 0 9 2015 Date Application Considered as Complete: 3/4/15 60-Day Review Period Expires: 5/3/15 CITY OF ORONO REQUEST FOR COUNCIL ACTION Date: March 5, 2015 Item No.: G� Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaffron Planning Dept. Title: Senior Planner Item Description: #14-3687—Real Assets II, LLC, 3720-3730 Northern Avenue —Plat of Northern Oaks —Request for Revised Grading Plan Approval List of Ezhibits: Exhibit A. Submitted Letter of Request& Real Estate Listing Exhibit B. Dev Agreement&Prelim Plat Resol Excerpt& Approved Grading Plans Exhibit C. Number of Stories Analysis by Staff Exhibit D. Submitted Revised Grading Plan Proposal Exhibit E. Submitted Color Rendering of Proposed Homes Exhibit F. Communication to Applicants 12/12/14 Summary of Request Applicants request approval of a revised grading plan and amendment of the terms of the PRD Agreement for Northern Oaks, with respect to the condition requiring compliance with the conditions of Preliminary Plat Resolution No. 6345; specifically, with the condition that the approved grading plan does not establish new existing grades for building height determination purposes [Resol. 6345,page 9, condition 3(e)]. Background The final plat of Orono Oaks was approved by the City Council in August 2014 and filed with Hennepin County in November 2014. Site grading to construct the drainage swales and ponding areas has been completed, and the first new homes are under construction on Lots 1 and 2. In reviewing the plans for a proposed home on Lot 3, staff found that the proposed home would consist of 3 stories whereas only 2-1/2 stories are allowed, based on the pre-existing grades. The final plat approval resolution specifically noted that pre-existing grades would be used for building height determinations, and that the grading plan as approved did not create new existing grades (see Exhibit B). This was because the developer was not planning to create new building pads as part of the mass grading of the site to accommodate drainage;the individual sites would be filled/graded as homes were built. Additional review noted that the same issue will be encountered on Lot 4. The bowl-shaped topography of the site results in a lower depressional azea at the required street setbacks of Lots 3 and 4. The applicants intended to add fill to accommodate home construction. On Lot 3, the A #14-3686 Northern Oaks March 5,2015 Page 2 proposed lowest level floor was to be as much as 3' above existing grade at its NE corner. On Lot 4,more than half of the lowest level floor was above existing grade Story Determination. In order for the lowest level of a home to be considered as a basement and not a story, City code requires that no more than 50% of the perimeter of that lowest level can be exposed more than 6 feet below the main floor level, based on pre-existing grades. If more than 50%is exposed,the lowest level is considered to be a story. In both Lots 3 and 4,based on pre- existing grades, the lowest levels are stories, not basements,by definition. See Ezhibit C. Furthermore, even if the applicants had chosen to grade the proposed building pads as part of the site improvements, based on the approved final grading plan both homes proposed for Lots 3 and 4 would have been defined as three stories,where only 2-1/2 stories are allowed. It is worth noting that conceptual house footprints were provided by the applicants at the time of subdivision in order to show how the site grading and drainage could be accommodated on these relatively narrow lots. However, at the subdivision stage staff does not attempt to determine whether a given homesite might or might not accommodate a specific home or number of stories, as invariably any house plans presented at the subdivision stage will change by the time building permits are requested. In reviewing the subdivision file, it appears that no proposed house plans or elevation views were presented from which any assumptions might have been made. Potential Measures to Resolve the Issue. In initial discussions this winter with the developer, Todd Holmers and his builder, Jamison Kohout, staff indicated that the homes should be re- designed to make the upper levels into half-stories. In later discussions it was also suggested that a partial solution would be to lower the basement ceiling heights by 1-1.5 feet, which would assist in reducing the magnitude of non-compliance with the height requirement. The applicants have now requested that the City approve revisions to the grading plans for Lots 3 and 4 to allow for additional fill beyond that contemplated in the approved grading and drainage plans, in order to accommodate homes with a basement and two stories. The revised grading/site plans for Lots 3 and 4 (Ezhibit D)require from 3' to 7' of fill in the front yards, lesser amounts between homes,to result in homes that based on added fill,will be considered as having a basement and two stories rather than three stories. Impacts of Proposal. While the overall drainage scheme is accommodated without re-directing drainage to locations other than as previously intended,there are two potentially significant impacts of the plan: 1) The swales between the homes become more pronounced, essentially by piling up soil next to the foundation to artificially raise the grade abutting the house to a level whereby the lowest story is buried enough to be considered as a basement. The code does not allow filling above the existing grade of more than one foot next to the foundation to create a basement situation. 2) Visually, a low bowl-shaped area of the property will be filled to allow homes that will be 2 full stories above a full basement rather than visually appearing as 1-1/2 stories above a full #14-3686 Northern Oalcs March 5,2015 Page 3 basement. Where some visual relief from the uniformity of 6 new 55-foot wide homes on 75-foot wide lots could be had by the middle two homes having lower 1-1/2 story rooflines, allowing the proposed grading plan revisions will accommodate the applicants' desired 2- story homes. The visual impact of these homes, either with or without a revised grading plan approval, will be significantly less stark than the row of homes on Maple Place,primarily because of the variety of facade designs and the variable setbacks from the road(see Ezhibit E). Marketabilitv Please review the applicants' submitted materials. Applicants suggest that there is no demand for 1-story or 1-1/2 story homes, and that the site constraints restricting buildable lot area are extremely limiting for Lots 3 and 4, making it difficult to provide the market-desired space and amenities within a 1-1/2 story envelope. Analysis It was clear all during the subdivision review process that Lots 3 and 4 would be restricted in terms of flexibility of house location. There was virtually no discussion in the record as to whether these constraints made it imperative that homes with a basement and 2 full stories needed to be accommodated. The grading plans merely suggested that each house was set at an elevation that would accommodate a walkout. In staff's opinion there are pros and cons to allowing the extent of fill necessary to make Lots 3 and 4 accommodate the homes intended by the applicants. It can be argued that the grading plan should have been approved on the basis that it did create new existing grades for determining building heights; but there was no intent on the developers' part to bring in fill to physically create new building pads until individual homes were built. The City has no control over sale of vacant lots, and the applicants could have just as easily sold the lots to other builders who have a completely different idea of what to build on the lots. T'he lots could sit vacant for many years. Staff Recommendation Staff does not want an approval to act as a precedent for generally allowing the use of fill to artificially raise the grade next to a foundation in order to make a defined story into a basement. If Council chooses to approve the requested grading plan changes, it should be documented as an amendment of the subdivision approvals to allow the overall site improvement grading to include establishment of new existing grades for building height determination, based on the original intent of the developer. COUNCIL ACTION REQUESTED Council should review the applicants' request and if approval is warranted, direct staff to prepare an amendment of the Development Agreement docuxnenting the approval. . Council Exhibit A Jamison Kohout From: Jamison Kohout Sent: Wednesday, March 4, 2015 2:10 PM To: 'Todd Holmers(toddholmers@gmail.com)' Subject: FW: Orono New Construction 1 Story and 1,5 Story Since 1/1/2012 Dear Todd, City Staff and Council, Piease see the attached link for access to the entire 1-Story and 1.5-Story Home market since 1/1/2012. There have been a couple of to-be-built listings in addition to this, but they are long expired. There simply is no market for this product in Orono. We specifically presented 3 complete 2-story house plans along with our application for a new subdivision in the City of Orono. These homes were specifically designed to meet the direction given to us by city staff and to accommodate the 76 foot wide lots that were platted. Mark Gronberg &Associates v�rorked with city staff and the city's appointed engineer to create a custom graded site complete with a drainage plan, landscaped swales, rain gardens and a conservation easement specifically designed for our proposed homes. I have been sitting in open houses all winter and I also have a model on the Parade of Homes at 1555 Maple Place. I have had well over 100 visitors and I have not had any legitimate inquiry from a buyer looking for anything other than a full 2-story home with 4 bedrooms on the 2nd floor. The Northern Oaks property is located directly across the street from the Dakota Regional Bike Trail. Our buyers are families looking to take advantage of the nearby amenities like the trail, the marina, shopping within walking distance, etc. The width of these lots does not lend well to a single story home. Single story homes will look cheap and have nothing but garage facing the street. I dan't see any sense in clipping walls to create substandard rooms in a 1.5 story that will have the same footprint as our originally proposed 2-story homes. Please click the link below to see the market info from the Multiple Listing Service. Best regards, Jarnison Kohout 612.282.7053 PREMIER REAL ESTATE SERVICES—BRUKER REAL ASSETS II LLC—VICE PREStDENT www;�amisdnKohout.com BUY-SELL-BUILD—DEVELOP Click the following link to view the listings: htt�://matrix.northstarmis.com/DE asp?k=1378961X890W&p=DE-136130042-175 i, w���..�...,. ✓'��� MAR p 4 2015 � CI� �;� ���ONO 3/4l2015 NorthstarMLS Matrix Property/Agent Full Display, Single Family Residential, MLS #:4565529 Type: For Sale 3759 Casco Avenue, Orono MN 55391 StdtuS: ACtIV@ List Price: $573,000 Original List Price: $573,000 _.,�:. . _- . _ � - >c��exn� _. . .... ,.-� W ,,>� �►,r '°� w .= �. .,,,�`�' +j�s;; 'S � `,;� '1 - -�� - _ �1�@v�l��g I'�I � � ..„ .,, A.��§� � ' ,"�°� � �gki' �`'g� $"°'�c''4 � 4�3 ���' �*`� i�:.9i� I M ,�h �, % y�x � �� "i"' h��� �� � z �; 4 a� ,$ ;� -, •�Y �. %s_" x, ., 'L�+%� � x M , � . A �c � ���QV ..�� ry r.,, f „ , ���, �% �,.w� _._,_�__._..,_...________.______ .._,,, �_._.,_.,_�_,,,_�.W....__.r._„ ,, 1 / i8 , sz , ��� Map Page: 117 Map Coord: B2 Directions: Virtual Tour R 15 TO CA5C0 POINT ROAD TO CASCO AVE �;Public Ooen House Schedule Total Bed/Bath: 4/3 Garage: 3 Year Built: 2015 Style; (SF)One Stpry TAX INFORMATION Const Status: Completed New Construction Property ID: 2011723310010 Foundation Size:1,6Q0 Tax Year: 2014 AbvGrdFnSqFt: 1,645 Tax Amt: $1,072 BeIGrdFinSqFt: 1,047 Assess Bal: $ Total Fn SqFt: 2,692 Tax w/assess: $1,072 Acres: 0.36 Assess Pend: Unknown Lot Size: NE100X170X90X160 Homestead: No Ye a rl y/S e a so n a I:Yearl y List Date: 02/25/2015 Received By ML5:02/25/2015 Days On Market: 7 QDOM: 7 CDOM: Genera! Property Intormatlon Legal Description: LOTS 9+10 CASCO HEIGHTS WITH EASEMENT GOES LOT 128 SPRING PARK HEIGHTS County: Hennepin Postal City: Wayzats School District: 277-Westonka, 952-441-8001 Manufactured Home'No Complex/Dev/Sub: Common Wall: No Lot Description: Tree Coverage-Medium Zoning: Residential-Single Accessibility: None Lake/Waterfront Ir�formatfon Name: Lake Minnetonka DNR Lake Ip#: 27013300 WF Frontage Ft: Type: Other Lake Acres: 14,652 Lake Depth (ft): 113 DNR Lake Class: General Development Elev Highpt to WF Slope: Elev Highpt to WF Feet: Remarks Agent Remarks:New construdion on a private wooded lot w/an easement to walk to Lake Minnetonka-and a possible dodc thru the city..Stunning rambler w/ wondertul open dessign. LL bar,cust woodworlG cust cabinet;wainut flrs, hlgh end custom doors,travertlne tile. Public Remarks:New construction on a private wooded lot w/an easement to walk to Lake Minnetonka-and a possible dodc thru the tity..Stunntng rambler w/ wonderful open design. LL bar,cust woodwork;cust cabinet;walnut flrs,high end custom doors,travertine tile. Structure Information Room Level Dimen Other Rooms Level Dimen Heat: Foroed Air Living Rm Main 16X15 Amusement Room Lower 14X36 Fuel: Natural Gas Dining Rm Main 1OX15 Laundry Main 6X8 Air Cond: Centrel Family Rm Water: City Water/Connected Kitchen Main 15X15 Bathrooms Sewer: City SeweyConnected Bedroom 1 Main 14X14 Total: 3 3/4: 2 1/4:0 Garage: 3 Bedroom 2 Main 12X13 Full: 1 1/2: 0 Oth Prkg: Bedroom 3 Lower 10X12 Pool: Bedroom 4 Lower SOX12 Bath Description: Main Floor Full Bath, Main Floor 3/4 Bath, Private Master, Full Master,3/4 Basement,Separate Tub 8e Shower Family Room Char: Main Level,Great Room http://matrix.norUistarmis.com/Matrix/Portal/PortalResultsPrintaspx?L=1&k=1378961X890W&�DE-136130042-0&did=77b'97&tid=1 1!2 3✓4J�15 Nortf�starMLS Matrix Freplaces: i Freplace Characteristic�Family Room,Gas Buming . Appliances: Cooktop,Wall Oven, Microwave,Exhaust Fan/Flood, Dishwasher,Refrigerator Basement: Walkout, Full,Finlshed (Livable}, Drain Tiled, Poured Concrete Exterior: Shakes, Brick/Stone,Fiber Board Amenities-Unit: Yaulted Ceiling(s), Hardwood Floors,Tiled Floors,Walk-In Closet,Washer/Dryer Hookup Parking Char: Attached Garage,Drtveway-Asphalt,Garage Door Opener New Construct�on Completion Date: Lot Rrice: Low Price Range: High Price Range: Financiat Cooperating Broker Compensation Buyer Broker Comp,2.7 a/o Sub-Agent Comp: 0% Facilitator Comp: 0°/n Variable Rate: N List Type: Exclusive Right In Foreclosure?: No Lender Owned?: No Potential Short Sale?: No Owner is an Agent?: No Corrtact Information Listing Agent: Colleen Johnson 612-273-9734 Appolntments: Book A Showtna Listing Office: RE/MAX Advantaae PIusRE/MAX Advantaae Plus Office Phone: 612-338-2457 MLS #: 4565529 Address: 3759 Casco Avenue,Orono,MN 55391 Jamison Kohout - 612.282.7053 BUY-SELL- BUILD-DEVELOP www.]amisonKohoutcom www.RealAssetsOnllne.com ***If you have land for sale,call me.We are BUILDING and DEVELOPING!*** Information Deemed Reliable But Not Guaranteed. Copyright(c)2015 Regional Multiple Listing Service of Minnesota., Inc. All Rights Reserved. http://matrix.norUistarmis.com/Mafrix/Portal/PortalResultsPrirrt.aspx?L=1&k=1378961X890W&p=DE-136130042-0&did=17697&tid=1 2/2 3/4/2015 NortF�starMLS Matrix PropertY/Agent Full Display, Single Family Residential, MLS #:4420740 Type: For Sale 870 Windjammer Lane, Orono MN 55364 Status: Sold List Price: $1,700,000 So1d Price: $1,625,000 Original List Price: ;1,795,000 Seller Cont:$ � H��� :"�'�; �/�„<.. �" � k.:5.�,, � �� '�"�_:- $° �� "" � ti:.t;;;_ _ �,� ,,� �<,.; - ,�, - ��w „ " � �, - �w���� � ����.� ,�N.��' - � � ��a � � ���.._.�,�,.��_�..__���� ; i� is „� . �,. _ �. ._. Map Page: ip3 Map Coord: B3 Directions: " Suoolements are available for this orooertv. ake 6 W To McCully S To Branch Rd W Go E To Windjammer Virtual Tour Total BedJBath: 4/4 Garage: 3 Year Built: 2014 Style: (SF)One Story TAX INFORMATION Const Status: Completed New Construction Property ID: 0711723110012 Foundation Size:2,154 Tax Year: 2013 AbvGrdFnSqFt: 2,545 Tax Amt: �5,662 BeIGrdFinSqFt: 2,154 Assess Bal: �788 Total Fin SqFt: 4,699 Tax w/assess: �6,450 Acres: 1.049 Assess Pend: No Lot Size: 112u292x134x182x160 Homestead: No Yea rly/Seasona I:YeaNy List Date: 10/10/2013 Received By MLS:10/10/2013 Days On Market: 216 PDOM: 19 CDOM: Off Market Date: 06/10/2014 Selling Agent: Timothv M.Bern Date Closed: 06/13/2014 Selling Office: Edtna Re�lri,Inc. New Development tthis listinq covers muitiple units) Total Units Available:i Minimum Price:;1,795,000 Maximum Price: �2,000,000 Genera! Property 3�orma#ion Legal Description: LOT 008 BLOCK 001 PIRATES COVE County: Hennepin Postal City: Mound School District: 277-Westo�ka,952-491-8001 Manufactured Home"No Complex/Dev/Sub: Common Wall: No Lot Description: Ircegular Lot,Tree Coverage-Medium, City Bus(w/in 6 blks),Sod Included in Pric� Road Frontage: City Zoning: R�idential-Single,Shorellne AcceSsibility: No Stairs Lake/Waterfront Informat;on Name: Lake Minnetonka DNR Lake ID#: 27013300 WF Frontage Ft: 112 Type: Lake Front, Lake View Lake Acres: 14,652 Lake Depth (ft): 113 DNR Lake Class: General Development Elev Highpt to WF Slope: Steep Elev Highpt to WF Feet: 26-40 Road btwn WF&Home?: No Lake Bottom: Soft, Reeds Waterfront View: Bay, Lake, Panoramic,Sou Rema rks Agent Remarks:Landscaping-5pring 2014. Contact listing agent for information about the builder and the pool option. Pool is not induded,but pn be added to Ust price. Public Remarks:Dramatic&Majestic New Construction,w/Expansive S Views on Lake Minnetonka, Private i+ acres on 112 Ft Lakeshore. i Level living-Walk/O-6 car heated garage.Upgrades throughout-great yard for pool to be added in future. Lake views from every room. Structure Information Room Level Dlmen Other Rooms Level Dimen Heat: Forced Air,In-Floor Heating, Fireplace Living Rm Main 20x18 Office Main 15x14 Fuel: Natural Gas htq�://matrix.northstarmis.com/Matrix/Portal/PortalResultsPrird.aspx?L=1&k=1378961X890W&p=DE-136130042-0&did=17697&tid=1 1/2 3/4/2015 NorthstarMLS Matrix Dining Rm Main 30x14 Laundry Main 8x10 Air Cond: Central . Family Rm Lower 17x14 Deck Main 20x18 Water: Yllell Kitchen Main 14x1b Billiard Room Lower 15x15 Sewer: City SeweyConnected Bedroom 1 Main 16x22 Bar/Wet Bar Room Lower llx5 Garage: 3 Bedroom 2 Lower 15x14 Oth Prkg: 3 Bedroom 3 Lower 15x11 Bathrooms Pool: Below Ground,Outdoor Bedroom 4 Lawer 13x14 Total: 4 3/4: 2 1/4:0 Full: 1 1/2: 1 Bath Description: Main Floor Full Bath,Main Floor i/2 Bath, Private Master, Full Master,7adc and 7i11, Full Basement,3/4 Basement,Separate Tub&Shower,Whirlpool Dining Room Desc: Eat In Kitchen, Breakfast Area Family Room Char: Main Level,Lower Level, 2 or More,Great Room,Family Room Freplaces: 2 Freplace Characteristic�Living Room,Family Room,Amusement Room Appliances: Range,Coektop,Wall Oven, Microwave, Exhaust Fan/Hnod,Dishwasher,Refrigerator,Washer, Dryer,Water Softener-Owned,Disposal, ElectroniC Air Filter,Air-To-Air Exchanger, Fumace Humidifier Basement: Walkout, Full,Finished (Livable), Drein Tilad, Draina9e System,Sump Pump, Poured Concrete Exterior: Wood,Shakes Roof: Asphalt Shingles Amenities-Unit: Deck,Patio,Porch, Natural Woodwork,Balcony, Kltchen Window,Vaulted Ceiling(s), Hardwood Floors,Tiled Floors,Walk-In Closet,In-Ground Sprinkler Parking Char: Attached Garage,Insulated Garage, Heated Garape,Underground Garage, Driveway-Asphalt Special Search: Maln Floor Laundry, Main Floor Bedroom,3 BR on One Level,All Living Facili#i�on One Level hlew Construction Completion Date: 02/28/2014Lot Price: Low Price Range: ;1,795,000 High Price Range: $2,000,000 Financial Cooperating Broker Compensation Buyer Broker Comp:2.7 % Sub-Agent Comp: 2.70% Facilitator Comp: 2.70 °Jo Variable Rate: N List Type: Exclusive Right Sale Mortgage Information Sale Financial Terms:Comrentional Sale Loan Amount: ;1,300,OOD Seller Contribution: ; Sellers Terms: Conventionai,Cash Existing Financing: Free and Clear In Foreclosure?: No Lender Owned?: No Potential Short Sale?: No Owner is an Rgent?: Yes Coirtact Information Listing Agent: Robart E.Beutler 612-558-7355 Listing Office: RE/MAX RwsultsRE/MAX Results�' Office Phone: 952-475-8000 MLS #: 4420740 Address: 870 Windjammer Lane,Orono, MN 55364 Jamison Kohout - 612.282.7053 BUY- SELL- BUILD- DEVELOP www.]a mison Kohoutcom www.Rea IAsseksOnline.com ***If you have land for sale, call me. We are BUILDING and DEVELOPING!*** Information Deemed Reliable But Not Guaranteed. Copyright(c) 2015 Regional Multiple Listing Service of Minnesota., Inc. All Rights Reserved. http://matrix.northstarmis.com/Matrix/Portal/PortalResultsPrirrt.aspx?L=18Jc=1378961)C890W&p=DE-136130042-0&did=17697&tid=1 2/2 • Council Exhibit B z� P � � g ��. � f�-y� � (reserved for record:ng information) DEVELOPMENT CONTRACT And PLANNED RESIDENTIAL DEVELOPMENT AGREEMENT (Developer Installed Improvements) Northern Oaks Project Number 13-3631 PUD NO. 9 AGREEMENT (this "Contract") dated effective the day of , 2014 (the "Effective Date"), by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and REAL ASSETS II,LLC.,a Minnesota limited liability company("Developer"). 1. REQUEST FOR DEVELOPMENT AND PLANNED RESIDENTIAL DEVELOPMENT APPROVAL. The Developer has asked the City to approve a development and planned residential development agreement for NORTHERN OAKS,PRO.IECT No. 13-3631 (referred to in this Contract as the"DevelopmentlPRDA/PUD #9"). The land is situated in the County of Hennepin, State of Minnesota, and is legally described on the attached Earhibit"A". 2. CONDITIONS OF DEVELOPMENT AND PLANNED RESIDENTIAL DEVELOPMENT APPROVAL. T'he City hereby approves the Development/PRDA/PUD#9 on condition that the Developer enter into 6/12/14 Revised 7/9/14 1 Orono/Northern Oaks/No. 13-3631 176712v2 22. LANDSCAPING. Landscaping on the site shall be consistent with the approved grading and planting plans. �� 23. SPECIAL PROVISIONS. The following special, provisions shall apply to the DevelopmentlPRDA/#9: A. Implementation of and adherence to the findings and conditions listed in Resolution No. �.__-- -�------ .------- •---.�----�- 6345 Approving the Preliminary Plat for Property Located at 3700 Northern Avenue, File No. 13-3631, adopted by •.----- the Orono City Council on November 25,2013. 5� �.�S�L � �k�"��....��',' _ B. Prior to final development approval by the Orono City Council, the Developer must demonstrate to the satisfaction of the City Council that all requirements of the Minnehaha Creek Watershed District as administrator of the WCA regulations on the City's behalf are met, as well as all other Minnehaha Creek Watershed District permit requirements. C. Prior to final development approval by the Orono City Council, the Developer shall provide appropriately executed Conservation Easement for Tree and Open Space Preservation, in recordable form. D. Prior to final development approval by the Orono City Council,the Developer shall furnish an appropriately executed Declaration of Covenants, Conditions, Easements and Restrictions for Stormwater Pond ("Declaration for Stormwater Pond") dated as of the Effective Date of this Contract and in recordable form, governing the matters contained therein, including maintenance, repair and restoration of the stormwater ponds and facilities within the Land. E. Prior to final development approval by the Orono City Council, the Developer shall provide appropriately executed Drainage and Utility Easements over areas identified on Plan A which is in recordable form. F. Prior to final development approval by the Orono City Council, the Developer shall provide the City with an appropriately executed Permanent Flowage and Conservation Easement and Restrictive Covenant for Wetlands document, in recordable form. G. Prior to the City filing the Plat with Hennepin County, the Developer shall remove the existing principal building and accessory structure located in the southwesterly corner of the property. 6/12/14 Revised 7/9/14 8 Orono/Northern Oaks/No. 13-3631 176712v2 . � � �O� ' 0 Q � CITY af t)It()NQ - � � � RESOLUTION OF THE�1�COUNCIL ��� No. b 3 . ��o . � b) Setback/yard r�quirements shsll be per the LR•1C Dishict setba�ck�staadards for Lots 1 through b es follows,with the excxptions noisd: Front: 30 fe�t Reaz: 3fl;feet . Side: ld f�ct Exceptions: a) The west side setback for principal arld accessory . � sir�ictures on Lot 1 shall be 15 feet. b) The eest side eetbacic for prinapal and accessory siauctures ou Lot 6 shall be 15 feet. , � Wetland bouad$ry: 50 fr,et {MCVVD buffer width of 40' plus 10' City � setback from buffer edge) c) Lots 1 thmugh 6 are subjoct to the Tiar 3 hardcover limitation of 35%of the gross lot aree,and slructiu�al coverage Iimitation of I S%of�e gross lot area. d) Ths�dn.,,,��sa�vizag Lo��,�,be lo�.within the essterly one-half of Lot 1. . e) Existiag grade for all Iots for building height tletermination shall be ths existizng grades as shown on the Preliminary Grsding and Utility Plan. dat�d 9/27113 attachai as �hibit B. The grading plan as appraved does not establish ncw existia8��• w _..�..� .._. --.. .._ ..�. __.. »�.,�«�....._....,...�_...,.�..�....�__ ., -• 4. Ceneral aite gradiag, storm. sewex design aud individuai hovse sitie grading shall be . designed and completed so as to darect as much stormwater and snvwmelt nmoff from the � developm.ent as is fessible to the starmwat�r rate control ponds. Additionaliy, grading aad drainage shall a�dhere to the recommmdations of the City�ngineer. The Dcvcloper shall estabIish covenanb providing for a Homeown�ers Association which will be �responsible far all future mainten�ce of sto�water ponding feciiities. S. Approval is subjeCt tfl Mianeh�sha Creck Watershcd District (MCWD) approval and permi�s as required. Final plat appmval shalt not b� grsnted until the Developer has provided evidence that all required MCWD permits have been obtained. 6. Development Fees a) �ark Dedication- Dedication of actuel land for park ptapos�s is not requi�ed at this Iocation.A Park Dedicatian Fee in licu of laad will be required. T�Park Fee i.s dctermined as 8% of the fair market value of tha Iand being �ubclivided, bui Page 9 of I4 . � �� : .�� , �� � ; � �.z � �Itp�tl�' GRADtN� PI,A� ' s�e `��t `�`� $; � ���� �L� � ��`� � �°� i NORTHERN OAKS ��� � 44 I �. .,;, � `�b � c� � � b� � I ;-�: I '� �j,•f,'',�',� .` .� r�'�+/�;``�7 '� �2' �'o ' �:'�\ s � $ '�` C�'9 �!f � '`�� I r!f'•i,: :�' ��y,,t 2 I tP 'f I Z w�ef s � � .-.�f_•�, : r,,;4 � y,� � � GRADING & EROSION CONTROL PLAN FOR N g Z M �. N 89'42'30'E 43719 � � o .�; L A N D S O U R C E, L L C �� � I � N 89`4T30'E 90.00 I w .p W =' N 7sn._ ,� �/ /76.a._ 7s ^ � .�aa_ � � �ea._ � .w w� o a'�f =Y Of ' i� R , ' ,-fi� � ,-' � � � ,-�-'� '� '�� g g �`- IN TRACTS B&C R.L.S. 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Northern Oaks Orono, Minnesota, -' ; ,� r�� � ; , , , . � . . , 2 i � � � � � a � � � ' ' q� � j .- � kx3i2WEJ311p N85a23pER':•� 1 `�t-. ��t� es v. i S 89�:3f�: l I , � I I I I 1 1 _ � f � s x. z _ �� � .._._. .,. � ��. ,' ,_•'- stw�,.4� �.���� _��-„_ -_ � �� ',._` ;�'� i:# } . _. a �i �' =_ ='�n .... ,y, G70N NORrNER�N RA�Lw�Y , gUR��N �,, a�� � � � � � .. - Council Mike Gaffron Exhibit F From: Mike Gaffron Sent: Friday, December 12, 2014 1:16 PM To: Todd Holmers (toddholmers@gmail.com); 'Jamison Kohout'; Mark Way (mark�atlashomesmn.com) Cc: 'Mark'; Lyle Oman Subject: Lot 3 Northern Oaks Attachments: Northern Oaks - Excerpt from Preliminary Plat Resolution.pdf Todd/Jamison/Mark: Regarding Northern Oaks permits: Lot 2 permit should be ready to issue early next week. Lot 3 permit has problems. Code limits houses to 2-1/2 stories. Existing grades are required to be used for determining whether the lowest floor is a story or a basement (see attached excerpt from preliminary plat approval resolution).On Lot 3 the basement is by definition a story. Therefore the house is 3 stories and can't be approved as designed. I've discussed this briefly with Mark Gronberg so he is aware of the issue. I have explored some options such as flipping the house or even adding a room below the garage to expand the perimeter of the lowest level and nothing solved the problem. We need to discuss. This house likely has to be redesigned as 2-1/2 stories. Mike Michael P.Gaffron Senior Planner City of Orono (Street Address)2750 Kelley Parkway (Mailing Address)P.O. Box 66,Crystal Bay,MN 55323 Phone:(952)249-4622 Fax: (952)249-4616 i i COUNCIL MEETING { Date Application Received: 01/21/15 Date Application Considered as Complete: 02/OS/15 I�AR 0 9 2015 60-Day Review Period Expires: 04/06/15 REQUEST FOR COUNCIL ACTION CITY OF QRONO Date: 4 March 2015 Item No. /C� Department Approval: �Administrator Approval: Agenda Section: Name: Melanie Curtis � Title: Planner Item Description: #15-3717—Paul Cameron/Chamberlain Capitai LLC—1340 Fox Street—Setback Variances—Resolution Zoning District: RR-1B,One Family Rural Residential,2-acres/200'width Lot Area: 19,234 square feet(0.44 acre) Lot Width: 129 feet List of Exhibits: Exhibit A. Draft Resolution Exhibit 8. Proposed Survey—Revised Exhibit C. Hardcover Calculations—Revised Exhibit D. Floor Plan—Revised Exhibit E. Draft PC Minutes—02/17/15 Exhibit F. PC Memo & Exhibits—02/12/15 Application Summary: The applicant is requesting front, and side street setback variances to allow construction of a new residence to be situated 26.5 feet from the front lot line; 16.2 feet from the west side street lot line(undeveloped Barrett Ave); and 28.4 feet from the undeveloped alley on the east where 50-foot is required. Lot area and lot width variances are also requested. At the time of the Planning Commission review,the applicant's plan inadvertently exceeded the 159�0 structural coverage limitation. The applicant has revised the plan resulting in a reduced footprint to meet the Code. Total Lot Area Total Structural Coverage 19,234 s.f. (0.44 acre) Allowed: 2,885 s.f. (159�0) Proposed: 2,885 s.f. (159�0) Planning Commission Recommendation On February 17,the Planning Commission voted 5 to 0 to recommend approval of lot area, lot width, side street setback and front yard setback variances resulting in a 16.2 foot setback from the undeveloped right-of- way of Barrett Avenue;a 28.4 foot setback from the undeveloped alley to the east; and a 26.5 foot setback from Fox Street in the front, consistent with the staff recommendation. Planning Staff Recommendation Staff recommends approval; a draft approval resolution has been provided for Council's consideration. COUNCIL ACTION REQUESTED The City Council should consider adopting or amending the attached resolution. 1 , Council Exhibit A A RESOLUTION GRANTING VARIANCES FROM ORONO MUNICIPAL CODE SECTION 78-420 FILE NO. 15-3717 WHEREAS, Chamberlain Capital LLC, a Minnesota limited liability company, (hereinafter "Owner") is the owner of the property located at 1340 Fox Street within the City of Orono (hereinafter "City") and legally described as: Lots 13, 14, and 15, Block 14, Minnetonka Bluffs, Hennepin County, Minnesota, (hereinafter"the Property"); and WHEREAS, Paul Cameron, (hereinafter the "Appticant") on behalf of the Owner, has made application to the City for variances from Orono City Code Section 78-420 in order to construct a new residence on the Property which has 19,234 square feet or 0.44 acre in area, and 129 feet in width where 2.0 acres in area and 200 feet in width are required; and WHEREAS, the Applicant has made application to the City for variances from Orono City Code Section 78-420 to permit construction of a new residence 26.5 feet from Fox Street; 16.2 feet from Barrett Avenue; and 28.4 feet from the undeveloped alley on the east side where a 50-foot se#back is required; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on February 17, 2015, at which times all persons desiring to be heard concerning this application were given the apportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#15-3717. 2. The Property is located in the RR-1 B zoning district, where 2.0 acres is the minimum tot area and 200 feet is the minimum de�ned lot width. 3. The Planning Commission reviewed this application on February 17, 2015. The Planning Commission voted 5 for and 0 against on a motion to approve the variances for the new home based on the following findings. Page 1 of 5 � r a. The Property has approximately 19,234 square feet (0.44 acre) acre in area and has 129 feet in width. b. 1340 Fox Street originally consisted of finro 50' x 129' lots, or Lot 13 and 14, Block 14, Minnetonka Bluffs. The Owner purchased Lot 15, Block 14, Minnetonka Bluffs, an abutting vacant 6,300 square foot lot, in order to increase the size of the Property to make it more conforming. c. The Property is located in Tier 2 of Orono's Stormwater Quality Overlay District and is limited to 30% hardcover based on gross lot area. d. The Owner's proposal results in a total of 4,331 square feet or 22.5% hardcover where 30% is the maximum permitted. e. The Owner's proposal results in 2,885 square feet of structure or 15% where 15% is the maximum permitted. f. The new home is proposed to be constructed 26.5 feet from Fox Street; 16.5 feet ftom Barrett Avenue; and 28.4 feet from the platted alley on the east, where 50 foot setbacks are required. g. Due to challenging topography in the northern (rear) portion of the lot the home is proposed to encroach closer to the front than permitted. The new home will meet the rear 50 foot setback requirement. h. The proposed home and driveway location will allow for parking on the Property rather than parking within the Fox Street right-of-way as is the current situation. i. The variances to allow setback encroachments will alleviate a practical difficulty inherent to the Property and not created by the Owner. j. The Owner's request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. k. The Owner's request is in harmony with the purpose and intent of the ordinance. Page 2 of 5 � � I. The Owner's proposal is consistent with the comprehensive plan. m. The Owner has requested a 26.5 foot setback from Fox Street; a 16.2 foot setback from Barrett Avenue; and a 28.4 foot setback from the undeveloped alley right-of-way on the east. Barrett Avenue, the alley, and the east portion of Fox Street are currently undeveloped. The Owner is requesting to build a home closer to the rights-of-way than 50-feet as allowed by the City Code. The Owner understands and is hereby put on notice that the City does not intend to vacate the abutting undeveloped rights-of-way and although not planned at this time, may choose to develop them for some public purpose in the future. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owner; and would be in ke+�ping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances from Orono City Code Section 78-420 in order to construct a new residence on the Property with 19,234 square feet or 0.44 acre in area, and 129 feet in width where 2.0 acres in area and 200 feet in width are required; and variances from Orono City Code Section 78-420 to permit construction of a new residence 26.5 feet from Fox Street; 16.2 feet from Barrett Avenue; and 28.4 feet from the undeveloped alley on the east side where a 50-foot setback is required; subject to the conditions listed below: 1. Council approval is based on the survey and building plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A 8� B. Any amendments to these plans may require further Planning Commission and City Page 3 of 5 � 1 Council review. 2. Hardcover shall not increase above 30% as allowed in Tier 2. Any changes to the plans or the Property which result in an increase in hardcover above the allowed level will require further Planning Commission and City Council review and a new variance request. 3. Structural coverage shall not increase above 15% as allowed by Code. 4. The extent of the approved improvements within the City's rights-of-way is depicted on the approved plan attached as Exhibit A. The Owner shall not install or construct structures or other obstructions within the City's rights-of-way, and shall not plant landscape improvements within the City's rights-of-way nor so close to the rights-of- way as to create a future encroachment without City approval. 5. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variances will expire on that date (March 9, 2016). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority grarrted herein, and shall be punishable as a misdemeanor. 7. The undersigned Owner has read, understands and hereby agrees to the terms of tfiis resolu#ion and on behalf of their heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on this 9th day of March, 2015. Page 4 of 5 � � ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Property Owner STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this day of , 2015 on behalf of Chamberlain Capital LLC, by , its Notary Public Page 5 of 5 \ \ �\ � \\\/� 1 � \\ �� \ � \ � \\ \ \ \ \ \ \ \ \ � � � � .flrh1 M AM \ � \�`� ��\\�`. 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';r � � � � i . � � i i T i i i —— -__ �i�� ' i' � � � � � � � � � �uv.a,.ez � - �j���� � �� �'i� � � � � � / ———— -0 o PROPaSFD SIIT iENCE ����� i' i ��� �// �/ / / / � i�/���i� � �//� /� / /ti/ � � � � / a�cnox oF su�,�awwbc � ��/i' i i / � / i � l i � , � , , . . � � , i � ; , � Ii4iE5: wutocnvcR .0 �•noN • c�mFlcanori : 1) h115 SUHVEY WAS PERfORMED WIT}10UT THE BENEFlT OF A HOUSE 1,�89 Sq. Ff. �hercAY�ertify that this wrvey,plon, report ThLE INSURANCE COMYIT}AEM. GARAGE 1,017 SQ.Ff su�peMelo�n ond tfwt I am a�duy�need Lond 2) ADORESS OF THE SUBJECT PROPERN: 13d0 FOX STREET, SCREEN PORCH 256 50.Ff. ��QurMar the law�of Me atote of OkoNO,AIN 55391 STRUCTURAL PORf10N OF ENfRY PORCH SB 50.Ff,(10.50 x 5.33) Q 'n P I.D.:02-717-23-31-0058 ��/.� (�/� �y� TOTAL SfRUCNRE: 2,885 50. F1'.OR 15.OS slclm:/�/L� �N' �A;. 3) PARCEL ME0. 19,234 Sq.FT 4) BFARINO H4SIS IS ASSUMED NON-SfFtUCfURAL PORTION OF ENfR1'PpRCH 9 50.Ff. �R��'����rM �a WALK 185 S0. Ff. .ae/wi�oex �aa i�-i�ao�a ORNEWAY• 1,33g SQ.Ff. 5) ELEVA710N DATUM:NGVD 1929 pvaix er:mr p[v:yg_pp�y L..._. 6) DATE OF FlEIDWORK: 11-04-2014 (REfNNING WN15 AND UP TO 100 FEE?OF DECK IS DfCLUDED PER erne • sEcnaa�a-iea4 oF ormr�o cm cooe� MAR 0 5 2015 7) SWRARY SEWER INFO PER PUNS FROM dTY OF ORONO VAN I�STE SURVEYING T�TAL FIARDC�I�ER(AF�ER IBOVE EXCLUSpNS): 4,331 SQ. F7.OR 22.5R ���'��� 85 WRDNURSf ROM O(CELS�OR NN 55331 8) ON SITE WELLS pER WEIy p�SC�OSURE DOCUMEM WERE NOT vHor�(osz)eee-�y roLL_�F�x�eee>s�s-oiso S CIIY OF ORONO FOUND. WEl1 TO BE LaCATED DURING E%CAVATON. •DRNEWAY SQUME FOpTAGE p0E$NOT INCWDE POR710N OF DRNEWAY NM'W.VMINESIESUqyEyRqCOAI ��a� WITHIN FOX STREEf RICHf OF WAY OR gqNNETT A4ENUE RIGHT OF WAY m � x � � o � c .� �. a � �� � �� ��� N 90'40'00"E ' � - — _ i�y_�i —�` � � � � � —' - - - ti , \���� ♦ � � � �� , / ��2 �.�"as ��� � � ' k � �ti� � �\ �=r� > >� � > --� > -��-_?_ _ _ � c�cuu�c �rnot� �"� �M � M �� �� - - -�,,� — � — � � - - - - �- _-_.._ -_ --- -- � � � `�N � � � � �,o . �� � �� � �� � za.4 x �a suu.o,�►e� a� � \ �� � � � I \ I �PER EX)Si1NG ZONING SETBACKS \\Zd� � \ � ...�. �� \ �� �� a�� � � � - - - - - - - - - - - — \ _ '• � � j n � tNC� = t� �� / � �. � "� , � \L. �/ . � � . , � �� (� / �, TIt�ABER RErA1NING W _ , .` ` ���\; _ � � \ L\ � � �(� c�nmo�) ��_ ,.. � �- , . „ , -- --- — -� �_. _ � ;`` ���8\ �.rfl- �_-._\�_ _\83 =�= — --- -- - --.__ _ ` _ � .,� - .�� . . \,� _ __ ._/ — —9 -- -_�: -� ���;'�� ,,�` 1� � __— _^ --1— — �-" I �---. --- �W—'— a -- - ��� �-•C-'~-� ..,�:•..-�� '_ � �;F$OT--- - " �.�.��� ' � .. o, `� �� `� � �., -- . -- - ETBAc�+t � � , s 17.0 n �- � � ��8�� � -�'_ -- --- - `L'` � "A' � ' - ' TO BE \ .�� �� � � �� \ — — - „` ` �- - "" ' / EMOV � � � „� � � _ i _'_�\ \\ � \ \ � ���� Y- � '. � - � — -� ` �• ._ ���, \ � �� � �, OQ� ~\"'�-- --- � ' ..�C.r..�� � _� �\�9g0 �\ —._._ — ���f'*�.. .� '_ � •\\� � � �2 — — -o� '� - "-�� \ i r- �^ � � � .� \\,\�•� �-�` _ �� � � ��._.s'�--� �� \•9 � 0 1 �\ \ • " � — — � ' � \ �� \\�_\ `2 � � \ � � a 9'� \� \ ��� � .�„�'� — � _. 7 �` �. � \ .8 � � �tY �� � \ ' � � � � —�� Q � \ �''.. \ \ \ \ ,,`���� � \ � 1-'+� +_ \ ` 11� � � \�`\ \ � ' � � ` g 1p 4 � � �'t-�t_ ~s� \\; ;s-n , �8 � ��\ �� N�$P oQ ., �� � �� � 1 t� °��,.�., rg o,� $ p P MO SE OSED �� ��oo $ � 1 �— 1 � � �s o. � `• R� �SEp � #134 p � � I \ \ . � ���E— s�r6°K — 2 �! � \�3,,,, 1 ,,, � � a � � 1 �� a- � g � � � �s2% 2 � � � � � co� � ��ry � � '� °"� � 1 � 3 ;t� � �� � �`o'� � °ip g �_ �' T : � 1 � N '� a \ � 1 l � I °° "` '° � g s P � I � �t � �`Z � 4 ; �pq� ��� _ .� g ,�� � � r I 1 � � � ', � � EXiSTING AY • � �' ' ' ) � I Z ^ 16 MAP OUSE TO 8E � 84 � � f � ' � REMO ~ �T � � , � � I � ''�, 8��, 1 , ' , i � 1 � I �� '� „ , ',, �� ..� � . ; I � � 1 t o ei � ` 1 W BIR '" �, N � � ; ;� 10 RRY �� ' I f �� , ;� 964. ; ` � � i % ! � `' �/� �. � • ` `� DBL 14 CED � � �' � ; 1 PR ' � � � ��,., , ��, 89 ' 4"E ,-' ,��� ' % .25 i / 1 �� � � � ' } �� � � '� � � / � ��� TR, E � T „ o �� - i % ' � i � � .. : � � � � , �t i �` ' � � i � � �ar � � � l / �7'' 1 / l . 96�� � � // /� / / � / // // � � / � � / � � , i�' / � � � � / / � / � / � // /� / � �� / � / � / / // / /// / / / / � / // �r / l / l � l I �� / ' / / �// �/ ,� �� // l \/I �� /y � � � �� � � �� � / � i / / / l �� / j��COVER CALCULATiONS: 1340 Fox Street ,; i , y _ �;. �� ���� � � � � SOUTH-SOUTH WEST ELEVATION ���i����� � c ���_��� � � 00 � J��N 21 2��i ' — ������Ra�� # 3 717 1340 �ox Street � T OfWiodowe � - � GndeAt(iu�e b�'� —- ----- - d,� sa�w� � � aH b ��FO[�El1 - `_(�arvrdt�--.__ -------,- c��we�.aa nsw�t�a ---------------------- -�----------__. EAST-SOUTH EAST ELEVATION ��•_��.� R������� � JAPJ 21 2D1� 1 �,noFORo��� � � 717 + 1340 Fox Street � � c�w� is-o^w�� ia�-s�w�t�a NORTH-NORTH EAST ELEVATION � sm«��^mr� � ������ � ����m� �� JAN 21 2015 � � _ _ 37 � 1340 Fox Street i �w� a��r.odFo�a c�w� xem�w�w - WEST-NORTH WEST ELEVATION �����s����� ��•_��� ► J��N 212Q15 CITY OF ORONO � 3 7 1 7 ' Screen Porch 16-0 x 16-0 � ... ! � : � Dining Room =� ` $ 17-5 x 10-0 � i Garage Storage ,� � t�U 10-6 x 8-0 � Grill Deck � E ' � x 4-11 x 12-0 � ; ; .'�,� q rr 'pg• � __ _ _„___ o p iv�k � CIOSft • o �'R' ❑ � I � • ; � � - � i �r �, z Great Room , ; : =k �� � IS-0x 19-6 � E � :.�,� .�� � -'-' � � �� Kitchen ' ' � 3-Car Garage ; ' _ � 12-0 x 23-0+22-0 x 26-0 ; �� F d�n�ia� I 1-5 x 18-10 � ; �" � ii � 1 _ , � ' _ ..�. � �Pan�ry �' ` i � i � i i � i i ��� Ik?A It Mtl � G i:i ?-tl�RA IryN I•ull\rex ��i ' ��� Mud Room ; � ' Study � '..,q _.t ' � � 0 0� 12-2 x 11-1 � ; s ; � - � Pwdr «•� i - � , � s � j �4b0 1 �1 O ' � �e4 �y � t � Y!�., l�"' " x"�_ i ��t � ____ _.___ �, � �ril-- �� � � b i_.____.. _ .l 1 � � i E 3 K � ---_._______..,.--------- .,' F � - -� -,,..�_ -.._.t..i . � ------•.---_..------------------------ � CoveredEntry ---- First Floor Concept: 1,437 Sq.Ft(3,125 Sq.Ft Mam Floors) ❑ ❑ Scale I'B"=1'A" ,�� r;,�'���F�"��� \ . `��� MAR 0 5 2015 �.�___�.____._�_- - --- � GlTY OF ORp�p � .� ' �� �� N90'00'00"E ' ' - -- ��a_�� —�., � � � / ' , ��\9��f Council � � 1 ��� �.�s3 Exhibit B � � \ "' �_ '� � —� > >�� � > --I� > =�`�—�-_�_., _ � cu�uu�c � iM � �� �� �--�- - - -� — � — � � - - - -- �- _-_. ._ __-_ -- --- - � � � ��0� � � �� � � ��• N a� \ �� � J� � 29.4 x 48.7 �l�.�,A81.E ARE�, � �`�j� �� �\ � I \ I �,PER F�1Si1NG ZONING SETflACKS _ � p "., � � � m� ( '� - - - - - - - - �` :Z� � ,�'� ��� � � � n �� , �- ,+r� � � --� , � � � �!_ �� �� ! .: � 71t�BER i�tMNlNfi , , � / N � �� _ ` _ �\- ,_. -. _ � � \ �' � � �tPooR c�anori) �� _ . � -� '` `_ ` _ • �.`���g'�� -�. �-- ._\�\��=-�-- -—-�--� _'_ -_- --- --_ -- --- __ �- ` �.`- � � ,`ro- - - -�- -�- -� - -�--- ---� �-. _ � __� `\ 1�`•`•,w\ \ � i�-��.���_ � T / ,� /� ` - -��` ���� --� �1� \...���.\�"L�.� ,_ �'� `��'_"f'AOT� ._��y .._ � -�. - .-- '— � �B�4GK � � ' S �7.0 /� _�9 � ��� 8�`�. �•_' ••- -- -- - � � � ,_ - _. _. � TO B£ _��-�� ���� ������ -_--�� . ..._1=_, � � . -;� -" � EMOY �� _ i ----�'\ \� � � � � �""'►---C�-EJ�. `' `'.i— ---- "� ' � —_ `' � �1� �\\�`� �\ � __ O `.� — � ..r��� '�. � -. � �. ��� e$p� �� ._._ C� � --1• \ / 0 '� - �� � ��\�;� �-� i z — _— ��n ��. -�-��— -� \ �<9 ' .� ' 1 ��� �� ������ ` ,z' �, _ — � — � � `� �d a s`—�' �� .\\��4� ` _..�. ,�'� — � — � � _ � �� � .— � \ \ �� \ ` � � $ � �� � v � 1- � 9 .► \ \ ` ti� \��\. \ �`\A� � � � 1p4 � r �` $� \ � ;�n � t;S � �,` � �8 om ,, �� �>> 1 t� > ��,.: �e �o,� g pROPp HO SE OSED �N ��°o g � � �'' � ,�,� --� � �• ., .� �AR,qGE 0 #134 " 3,.�_� --�n �' 50 FOOT ° z � 3 �� .�. _.-_ � sEreAc� — --� �/ \ ��+` � = s� $ �`,. � � �� � 8 � s 952�� 2� � �� � I 3 j(�\� �6� �6� ` �QQ � � � 10 \ i \1 T p ♦ � f � � (V � � Q / �F ;Q 9 AP { �' \�`Z `, , 4 � pq $,� �. g t�Op " � � � � ' e- �'�y �,h � { � �� � � EXiSTING ��Y • � 8• + ) � I � Z �, 16 MAP OUSE TO SE � •4 ' , � � 6� R�►�o -` �� � , ; � : 1 � � 1 � '`, 8� ' � , � ) I ,�i� „ ,, ��, �� � �° I � � j 4 o si .: �` �. � ' �, ` � � ./ 1 W BIR �" �, N � ; , 10 RRY ` I � '1, , �� 964. , � � ` 'i /' �' ' o /�/� ' t PR � � ' ' ,� � � � �� ', oet ia ceD ; ' { ' , �/ � � �, 89 ' "E ;' ;` ` ' � � .25 � / � �� I , , ; ; i� % � � � / � ���0 T R� E � T „ . i ,% ' � i � � .. � . � i � �, al / � � / � / I , &6 / �� / / � � � i � � � � , 96 � / � / / / / / / // // � � � � f / , � � ��� , � � / � / / / / � // �/ / / / // ,/ // ,/ /` / / � + / � i�� /� i � / / ' � ' ' � ' / / '�� �// � � � � , � , - � � �;- ' ,� �' �� � � � � � i � � � � i ♦ � i / � � � I�ARDCOVER CALCULATiONS: Council � Exhibit C City of Orono �No Hardcover Caiculation Worksheet �\5F �� Property Address: t3ao Fox street c ��kFTHoQ'E Prepa�ed by: Paul Cameron Date: 3.4.15 Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table, identify all items of proposed hardcover on the property, keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain, as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 properties, identify any features by letter which are split at the 75'setback line and calculate hardcover s uare foota e se aratel for each ortion. Key to Hardcover Item (Describe) Length x Width Total Surve S uare Feet Exam Gara e 24'x�' 724 S.F. A S.F B S.F. C House Varwus Sides(See Survey) 1489 S.F. � Gara e Vanous Sides(See Surv ) ��» S.F. E Deck 12'x 5 58' 67 S.F. F Screen Porch 16'x 16' 256 S.F. G En Porch Structural 10 50'x 5 33' S6 S.F H S.F. � Structural Covera e 2885 S.F. J S.F. K S.F. � En Porch Non-Structural 1'x 8 4' 9 S F. M Sidewalk 4'width(See Survey) 165 S.F. N Drrvewa Vaz�ous S�des(See Survey) 1339 S.F. � Retamm Wall Under Porch See Surve 20 S.F. P S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. V S.F. W S.F. X S.F. Y S.F. Z S.F. 1 Total Pro osed Hardcover aals S.F. Excludab{e Hardcover 3ee C Code Sec 78-1B84: 1 st 100 feet of deck 67 S.F Retamin Wall Under Porch See Surve 20 S.F S.F. S.F. S.F. 2 Total Excludable Hardcover 8� S.F. 3 Net Pro osed Hardcover Subtract line 2 from tine 1 433t S.F. 4 Total LotArea t9234 S.F. Proposed Hardcover Percentage [(3)i(4)] 22 5 �/, Packet Last Updated: January 2014 This is an informat�on packet regard�ng Hardcover Every effort has been made to msure the accuracy of the informati�r �p�d h rem, however,if any�nformahon�s not consistent with provisions of the C�ty Code,the Code prowsions will prevad ��Y�c�,���� Page 26 of 27 MaR 0 5 zo�5 CITY OF OR��O Screen Porch l6-0 x 16-0 � t � � ; d Dining Room ; � � 17-5 x 10-0 ' Garage Storage ,� � �t�u 10-6 x 8-0 � Grill Deck ' � ` �' � 4-1 l x 12-0 � � L',y , A � ��; _ , ; � :.� � '�' , � M° ,�. Closet •8 ` a � c I = � = Great Room � ' sr � �� , � � (' ; k �a �' " 4`--� I S-0 x 19-6 , � �;_ ;� ; .�,� -� ._ _ _ � � � �i Kitchen � � � 3-Car Garage ' , F; � �; Fro��«����� I I-5 x I 8-10 ! � 12-0 x 23-0+22-0 x 26-0 ;; �d��a� � � a � -- -�i Panhy � ��E � i F � i ' �;�' r,.3��.a � � i `a� ' ±�tl c fi.N Ilpl I•ull\eu 3 i i , �! �� Mud Room € � � „ i � " Study s - , 9 �� � — � � 0 0 12-2 x 11-1 � � o i Pwdr ' � ��� � I� ka ��`� i � �•� � uE� � � < ( , � ' O � e �� _�_�..( i_.d a ��� -.'� � ����������(a: -- --- -- --• ""7 ) ' g '- � � ���`u� 7f€� � ? ------'_.L_ _�_...� �.,.�_t_4 : 9 � '� ,� Covered Entry � � --------------------,-----___.�._...____ First Floor Concept: 3 0 1,437 Sq Ft(3,125 Sq.FL A1mn Floors) � D � ' Scalc I IS"=1'-0" @ � 1C-0' L An�`�d�,W���a� v � •� � �''��� ________. __�.___ __.__.___� � MAR 0 5 2015 � CfTY OF ORONO . � - �HA11tIBERLAIN Fine custom Nomes January 20, 2015 Melanie Curtis Planning & Zoning Coordinator City of Orono 2750 Kelley Parkway Orono, Minnesota 55356 Dear Ms. Curtis, First, I would like to thank you for your time working with Travis and me on the pre-application review. Your guidance has provided key insight and direction to submit a more thorough and thoughtful Variance Application. Chamberlain Capital LLC respectfully submits for review the attached Variance Application for 1340 Fox Street. It is my understanding that this application, if deemed complete and submitted prior to noon on January 21, 2015, is eligible for placement on the Planning Commission meeting agenda on Tuesday, February 18, 2015. Please let me know should you discover that any part of the application is missing or deficient in any manner. I will work with you to correct any issue as soon as possible. I look forward to working with you and your team during the next few weeks as you evaluate the application. If you have any questions or concerns I can be reached on my cell at 952-649-7653. Thank You. Chambertain Capital LLC �(/�1/� B Paul S Cameron "� �''�`""t Y �� y...a��: �:� Its Managing Member JAN ?,. i ZO`�:� CITY OF ORONO � � • � ° PaulC�Chambertaincap.com 11578 Chamberlain Court Eden Prairie, Minnesota 55344 Phone: (952) 649-7653 , . . , PC Exhibit B 12 point Practical Difficulty Test 1. The property is designated for single family homes, but does not meet the 2 acre minimum or the lot setback requirements. Landowner desires to build a new single family home to replace the current home which has reached the end of its useful life. 2. The property does not meet the 2 acre minimum or the lot setback requirements even after the landowner purchased adjacent lot. The city owns the adjacent land on three sides as right-of-ways and has a stated objection to vacating these right- of-ways. The current set of circumstances makes it a practical difficulty to purchase enough land in the right directions to meet the existing lot minimum and lot setback requirements. 3. Most if not all historical homes in the Minnetonka Bluffs neighborhood currently do not meet the requirements of the 2 acre minimum or the lot setback requirements. In addition, homes there are more recently constructed such as 539,568 Keene Ave, 1225, 1205 Dickenson St and 1300 shoreline Drive do not meet the current requirements for lot size or setbacks. 4. The existing home has reached the end of its useful life. 5. Not Applicable 6. Not Applicable 7. Not Applicable 8. Property topography(hill), sewer easement, and the ingress/egress to Fox street drives the logical placement of the new home on the property. 9. Property topography(hill), sewer easement, and the ingress/egress to Fox street drives the logical placement of the new home on the property. 10. The existing home has reached the end of its useful life. The applicant desires to construct a new single family home to replace the existing structure. Applicant's plans will place the new home further from the lot lines than the current existing structure. 11. True 12. Applicant purchased adjacent property to mitigate setback and coverage requirements required of the new home design. Property is bounded on 3 sides by City right-of-ways. The City has a stated objective to vacate any one or a portion of these right-of-ways. This makes additional lot purchases ineffective to resolve the demonstrated diff'iculties. 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O W��'�,�R�E��R �--�} i� � �\�\� \ �+ ��'' $ 7 �9S � \ �\L �l� I � POWER POLE (WfTH GUY ANCFIOR) ( _�` g �� � \ � � '�� re,o� '� ' „,� —a'� �� �-„ � a �� �\ y._, o Y �,w � I '-� �� � �c�ED" �o� � ROp � \ }�I las I � OEGDUOUS 7REE (SIZE iN INCfIES) , 15� �^ E B PRpP + HO�gE�SED � �a°° 8 l "'�- ��I� '�I �`� �- � \ o. '�\\ „ G �SE� '�13q0 �' !4 _� --t.. CONIFEROUS iREE "'-��v'; ,o� h \� \�3 � �, _ c�£�E s�rs°cK — —z � Q � (srzE � u�cNes) '•, � $ '` � � ��: �� �� � � ,e�.,, ;,{���:�?:.? ��9�� ; , , ,; � , , � � �� m� � �"9° N � � , ., ,- 20°�-• 1 �� 3 I ��" OVERHEAD UTILIIY IJNE ov ;, g � :_ . i ;� � � I N a�v- ese.as i°' �� \\o �\ a`O �, � ,•� r. t'° �; ,R � av ' � 4 �h �\ �Z , 4 � ppp,�,�� 5;, •� S �dQp ^ ' � ' � � � � �CFWNUNK FENCE I � \ t:�EXISTING �'Y 0 �i •0 11, ' t � � 0 (n `I is unv� ' ,HOUSE TO BE� � ;/,,4 �r�4 '� � � i i i Z^ ' � PR�3POSED SPOT ELEVATWN I �,� REM, , \�� � a§'�'� ;l,,_. ;,�;,. � � � � I � oasnr�c sPor�v�nori --�� I �986 24 ��, i , Mf . ;, �;, � ( � � � 1 � _ _ � gp i w e� � io r � � � � �� / I x�PROPOSEO TqP / 801TOId � RETAINING WMl � —� � B . /^ � — � , S/4 INCi 6i0l1 P�E � . . � . � � I �p�' D(1597NG CONrOUR LINE (NO PHOPO�p qiANGt� \ � OBL 1�CED i PR ' / I CKCUTAIFD P03(IIOW .1:�_�.�. '� 9 � q,wE , ' i 5.' �'� ' ' � / �•2`J �/ / �1'I � �� , --- D(ISTING CONrOUR IJNE (TO BE CFIANf�D) � ���'`:(}��. �'� T p � � T b „.; a � ,e� �' � ; ,' r� ; �' � ,. � ., PROPOSED CONTOUR Ut+ff — — — - - i' � � � T � � � , � ! 'e`� � � � i� i����� " �� / l l l l l 1 � 1 �mv-ese.sz ��_ �� �j����i������� i� � � � � / � — — — — p O PROPOSED SILT fENCE �� �/ �� �� �/ i� �/ /� � � � / ), / ���'' ��- ��//''i �/� �� �i / / � � �� I � / / DIRECTION UF SURf'ACE DRNNAGE i��i� i� i�/��/ .�/ i� �� �� �/ / / � / 1 � ' � � � � RECEIVED � HARDC01lER CALCULATIONS: �Fl��� ' 1) THIS SURVEY WAS PERFORMED WITHOUT THE BENFFIT OF A HOUSE 1,489 SQ. F?. � hereby certify that this survey, pion, or report �Eg 1 �> 2015 TITLE INSURANCE COMMITMENT. GARAGE 1,096 SQ. fT. upervis,on�nct that 1 am�aeduly i.ice�ed Lond SCREEN PORCH252 SQ. FT. Surve ORONO, MN 55391mE SUBJECT PROPERTI': 1340 FOX STREET. STRUCTURAL PORTION OF ENTRY PORCH 56 SQ. Fi'. (10.50 X 5.33) Mi,n�sotaunder the laws of the state of C�-�OF ORONO P.I.D.:02-117-23-31-0�56 TOTAL STRUCTURE: 2,893 SQ. FT. OR 15.0°b � / . � �//y„';, ����� / Qv 3) PARCEL AREA: 19,234 SQ. FT. r��.����� �� DECK 130 SLl. FT. P.a.wtona 4) BEARING BASIS IS ASSUMEO NON-STRUCTURAL PORTION OF ENTRY PORCH 9 SQ. Ff. .we�2oi4oez �um. ii_��-zoi4 WALK 165 SQ. FT. 5) ELEVATION DATUM: NGVD 1929 DRIVEWAY * 1,327 SQ. FT. �+�"'TM�+ �v:Z-�2-�0�5 6) DATE OF FIELDWaRK: i t-04-2014 �QpE����� W'v-� '�E EXCLUDED PER SECTION 78-1684 OF ORONO CITY n� sovF:�s..�R'FEEr r�� / 7) SANITARY SEWER {NFO PER PLANS FROM CITY OF ORONO TOTAL HARDCOVER: 4,526 SQ. Ff. OR 23.5% VAN NESTE SURVEYING PROFESSIOh1+1t. SURVEYING SERVlCES $) ON SITE WELLS PER WELL 015CLOSURE DOCUMENT WERE NOT sDRiVEYYAY SQUARE FOOTAG£ DOES NOT INCLUDE PORTION OF DRNEWAY 8s W11..�HURsi ROAD DCCEtS1oR, MN 55331 V S PHONE {952) 686-3p�5 TOLL-fREE FAX (866) 473-0120 fOUND. WELL TO BE LOCATEO DURING EXCAVATION. WITHIN FOX STREET RIGHT OF WAY OR BARNETf AVENUE RIGH7 OF WAY. www.v,qrua�suRVEr�NG.coM �� � � � • �-- � � � �=_R_ �� � � � � CALCULATED POSITION °��'iq � I I ` �'' � \ \\ �\3 �\ �\ � _'_'� � --�-�.,-.�._ - 1 �_ � � ��� , `_^�•,� � � � � - -\- - - � - I - � I - - - - - - - _ _ 1340 Fox Street �� ���� ' �� � � � rn x SOUTH-SOUTH WEST ELEVATION 3 s�:��e•=r-a� ,�.rr'��^n/*-^;� s ��.�y..i ✓,J:J .« m A P fy v Jr�l'� � � L�i3� C�n o�o�o�O � 3 717 1340 Fox Street w r aw�a�+ � � cmde ec cmage — 7��'� -- � - ---- ��3 �w.u� � �aF b ��� --(a�e [we�r�eu!---___,__ cmde At weAc-om At wanc�Aa _`e_______.--------------------�-- -0at EAST-SOUTH EAST ELEVATION ���•_��.� I������,���� � J�N 21 2D�� � CITY OF OROtv7 � � � � � 1340 Fox Street c�w� ts�^w�.au ta-�w�-aa NORTH-NORTH EAST ELEVATION rn s�«��=c�^ /_� �:��i i.• W J�N 21 2015 � � 37 7 1340 Fox Street ti '� ' E ` � -- - � �a+�* B�-0"t.00kart Gnage wa4 xem�w� WEST-NORTH WEST ELEVATION ����m�,��� � ��•_��.� J��N 21 2015 � CITY OF ORONO � 3 � � � ' 1340 Fox Street s�ro�b �����'�'�'� i6-o x i6-o �°°�.a J�I� 21 2Q15 � � CITY OF ORONO � � �g R� __� $ 17-5 x 10-0 I � Grill Deck _J 8-0 x 160 � ' �a��.� � ; c�e sc� � ' 16-0 x 8-0 � � � I � � � � � � � � I � � , a � � ; A '� , � � e i � i�� � � �OSCt o � � -----"------�--------- � � �� i VLW1t1�Wm r— � � � �� � 1$-�R 19-6 � � � � � � I �_� I I � ; ;; Kitchen I I � " a�w,u 11-5 x 18-10 � � a i i i �koNAm i � 3-C8T GSTBgC ; ! ! �Y � � , � 34-0 x 26-0 ' � i �� R.2J.61 IA93A09q.R ; y I 2-flc68 OpLPiYew ___� ' �� Mud�oon' _J , , ; S�ay -- ' a p 0 12-2 x 11-1 � � � � I � � �� -� �pd^ � F � O � T~ � � 0 r I • i y i °� �� � � � �__,_____� �i � � � � --------- —� i ---------------------- ----------------------------------------- First Floor Concept: covere��y 1�489 Sq.Ft(3�129 Sq.Fk Maio Fbwe) ❑ ❑ � S�xla 1B°=1'-0" � � 3 7 �.7 1340 Fox Street -�r--- .;,, !_-----� ❑ �� �� � 72x87 � �� � � s�■}z �,�y8�. ❑ MSt[ � �+-� 1411 15-7 �_2 Mstr Bath � 12-2 x 11-6 � u�� ' a -- ----- ----- a 0� � '�.� � � � ❑ � Closet He�s � s Closet His :a•�+ O 12-7 x 4-6 7-7 x 6-2 0 � � . � ?� � � 0 � � � u� � � SharedBath �`w • � ---------- Po4. , � � Closet O ; � � �� � �u ------------ � T_-_�� 0 � o a � B� i � ��►Y 9-S x 7-4 �� x . I I �s.�a �i� ❑ ❑ Bedroom-4 �m68 Bedroom-3 10-10 x 11-10 � 12-2 x 11-1 N'f]r � � ❑ �_'__'_______________� 70 i d _ � i I ' I Second Floor Concept: 1,638Sq.Ft .����;�.-. ._ � Sal¢1B'=1'-0" �r`.� � � t�-r�� � J�N 21 20i:� CITY OF ORONO � 3 � � 7 �___.._____________�___________; 1340 Fox Street , � • � ; � � � ; , � , , ; ; f Scrcen Porch Above � is�w��a ► I � � � � ' a a i � �-_====x=====___� � srs uo.�.r.��c�w�t-o� � �� _=�';� � �� �;, -- �� �ww�-0art �� �� �'�___=====x=====___'�` � Game Area � 17-0 x 13-6 � � z-0 w��o�n 1 � � � ' � x � ❑ � , � � � � O j F �' � � t � Family Room `-- 5 M � � j o ! 21-0x19-3 ; � ' � � � � 1 I a �� 4 � � � � ,�, � ° E � ' ; e ���. � � � � � z-0 e36 x 6-B � O �� BSf�I BCd ROODl �� �,.� ii-�ias w�a. a � a .�... � $ � J'¢ � ^P� � x 13-0Beeemeat g --------� � — 70.0 L'm.Pt Beeemmt 1�� 21-0Bee�tat 69S L'm At�mt �' �' °��'� Lower Level Concept: (r R�C��tr � 1,333 9q.Ft � J�'�N 21 201� �°.�`��`� s1s Lio.Ft[.00k-0m k wetlo-out ���_�.� 3 ? 17 CITY OF ORONO � PC Exhibit F City of Orono ��� Hardcover Calculation Worksheet , , 1 �; Property Address: �3(�/v 6x �['! y���KESHOPt` Prepared by: L Date: 1_d� _�� , Stormwater Quality Overlay District Tier: (Circle one) Tier 1 Tier 2 Tier 3 Tier 4 Tier 5 Step 2: PROPOSED HARDCOVER In the following table,identify all items of proposed hardcover on the properry,keyed by letter to Certificate of Survey (survey must accompany this form). Include all existing hardcover items that are intended to remain,as well as all proposed hardcover items that will be added. Use as many lines as necessary to accurately depict proposed hardcover status of the property. For Tier 1 prope�ties, identify any features by letter which are split at the 75'setback line and calculate hardcove�s uare foota e se aratel for each ortion. Total Key to Hardcover Item(Describe) Length x Width S uare Feet Surve 2a�x 30, 5.�. e S.F. q S.F. B � S.F. C S.F. D S.F. E �., c �a L � S.F. F Q'J Z` S.F. G S.F. H � S.F. � S.F. � S.F. K � e� S.F. L S.F. N► S.F. N t ►' ' � S.F. p S.F. p S.F. Q S.F. R S.F. S S.F. T S.F. U S.F. �/ S.F. W S.F. X S.F. y S.F. Z S.F. 1 Total Pro osed Hardcover �ccludalsls Hardcover 3� ' Cc►ck�c 78-1�: 0 O S.F. 5 Ob � S.F. � � S.F. S.F. S.F. S.F. 2 Total Excludable Hardcover � S.F. 3 Net Pro osed Hardcover SubVact line 2 from line 1 3 S.F. 4 Total Lot Area Proposed Hardcover Percentage [(3)+(4)] o�.� % Packet Last Updated: January 2014 This rs an information packet regarding Nardcover. Every effoR has been made to insure the accuracy of the mformation contained herein; �wever,if any rnformation is not consistent with provisions of the Ciry Code,the Code pr�@�Si,�,qn�Fm„��prevail. tl�6r��i.ou G ..'. _' Page 26 of 27 �� JAN 2 � �����;� � 3 ? i1 a-r1 i/�r/1 r��c�� PC Exhibit G � /NE SO ST W O O Subject 0 5 OR�� F • Rp�yp � �u�n�a � � a�o����� Sub'ect Pro ert � � � �- � n 1340 Fox Street �- ��...... , #15-3717 - Browns � Tanager 8ay � _ Lake � rench T�„ � arsh r � i �a � � f � *_�+r^ �- >� �� � ` � �' . � . �, , ' "~"� :r '� `�'' • � ' • : � . � ,,. > Y �+r.l;� � ., �,�.ar "'+' ; .;~ • �t�`' ,k,� R+y.t�'� -}�-i--.1..�.. " s�,�,,+�n;�:. ''`� , . , . , . . . . . . - �'v���,�•[�,�44+-.:.... ' ' . 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'� � . � .�.. � . ' � J .t � ��. '��.r�,"�'�- ,+ �'� � ' �' ° r� �,$". _ ` � �r� +' . � , + � . � ;.�� �: ; . - '`t'!. rry, t, •,� �.- ' ' , ���� , . ,�� � � , '�, '�•;, �' ti V, '� � 's- , f : �z, x i: ` " �rr. {r. _ �y` [ k • .� ., r �--. ..�_...� . �... :. 1 REQUIRED SUBMITTALS: All of the following information must be submitted by the application deadline date in order for your application to be processed. � ❑ Variance A lication Fee � �i F� ❑ Pre-A lication Form - V � cxt7t � Practical Difficulties Form � ❑ Surve meetin ALL re uirements ❑ Hardcover Calculations GY O Minnehaha Creek Watershed District(MCWD) Pe�mit or �'��Sz�,� D,� �6�, �j� Documentation from MCWD statin no ermit is re uired ❑ Data Privac Adviso Form APPLiCANT AND/OR OWNER: • Agree to provide all information required or requested by the Planning Department, • Agree to pay additional fees (staff time not covered in the original fee payment) and/or consultant expenses incurred in review of this application, and • Certify that the information supplied is true and correct to the best of his/her knowledge. The applicant and owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • Acknowledge the Escrow Agreement is completed and signed. • The Owner hereby acknowledges and agrees to this application and furthe�authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verifica6on of this request. • Applicant and/or Owner acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. It an applicant and/or owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicanUowner and advise the City Planner assigned to your project. ApplicanYs Signature: /��k'��� Date: ��a?o�/s �� �i,ambY�ai✓� /!• aL LL� Applicant's Signature: Date: Owner's Signature: ' ,yui�l��✓ Date: ��1� 1.5� 6� e�la�b.�lu�N �j��o� r.(.�. 'i�s'��� Owner's Signature: Date: JAN -� " CITY OF ORONO Packet Last Updated: March 2014 Page 12 of 27 � � � � � PC Exhibit A CITY OF ORONO VARIANCE APPLICATION Street Address: Application# � ' � 1 � 1 '�,�.,j�� 2750 Kelley Parkway Date Received: Orono, MN 55356 + .. staff: 1�/�,G�lhit•�,� Main: 952-249-4600 Fee: $700 ,� ,� fax: 952-249-4616 Renewal: $350 y�, G� MailingAddress: After-the-fact: $1,400 Double Fee �AK�'SN04� Crystal Bay, MN 55323-0066 Escrow Fee: $700/$2,500 This application form must be completed in full. Applican#wi�l be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agendas. PROPERTY INFORMATION: Site Address: /3yU �x Sti�et Property Identification Number(PIN): (��_1�7�a3-3/'OD/�' .�(�1-N,a3-�3i�-0��0 )-��d�-//�-�3�3/'�a5G Date Property Acquired (month/year): /a �y ❑ Yes, I own the adjacent parcels. Zoning District: APPLICANT INFORMATION: (Complete Iegal names and marital status required for each interested party) Name: Chumb{o�la�r, ��,v��Q� L�C Phone: g5� �� _7 �°3 Alternate Phone: Complete Address: /l.S�I� �/la�►��/'/a�n �ourT' City, State&ZIP ; � 5S3y Email: . Fax: OWNER INFORMATION: (Complete legal names and marital status required for each interested party) Name: Phone Alternate Phone: Complete Address: �.{ _��� City, State&ZIP �� Email: Fax: DESCRIPTION OF REQUEST: Describe the request in detail (attach additional sheets if necessary): l �t ��t/'tGt�i�{„ �f LcT /�Gui�1,y►$�ttr as a�C.fGt.��e�d �ii Cor�.� Stc �.:� 8'-��a2v. ,j�'�r,'�;a/� �f (d✓ !'i i a ' ! f S �� an 6 ;� fo ` O �e u7'� o� �1/M y�' r ,/c � f � -P a s.!' o i 2 �+ rn a f� (L�.6���:.:�7 Packet Last Updated: March 2014 Page 11 of27 JAN 2 i 2�`�;? CITY OF ORONO � � ? j 7 FILE#15-3717 12 Feb 2015 ' Page 4 of 4 2. Does the Planning Commission find that the variance, if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variances? 4. Should a landscape plan or vegetative screening be required to more clearly define the separation from the applicant's property and the City rights-of-way? 5. Are there any other issues or concerns with this application? StafF Recommendation Planning Staff recommends approval of the lot area, lot width, side street setback and front yard setback variances resulting in a 16.2 foot setback from the undeveloped right-of-way of Barrett Avenue; a 28.4 foot setback from the undeveloped alley to the east; and a 26.5 foot setback from Fox Street in the front. The applicant will continue to work with the City's Engineer regarding the driveway access orientation and the potential need for an encroachment agreement. Further,the applicant shall resolve the structural coverage level to 15�0 or less prior to placement on the City Council's agenda. FILE#15-3717 ' 12 Feb 2015 Page 3 of 4 setback is required. Although the property owner gained additional land in the purchase of the 6,300 square foot adjacent lot, the small lot size, 50-foot required RR-B district setbacks on all sides and the sloping topography result in the need for variances in order to redevelop the property. The home is proposed to be located in the southern portion of the lot as the northern half of the property slopes down to a wetland area. The proposed setback of 26.5 feet from Fox Street is an improvement over the existing home location and due to the nature of Fox Street as a dead end road, ending at the applicant's property, there may be little to no adverse impact from the encroachment. The 16.2 foot setback from Barrett Avenue may also be reasonable as Barrett is undeveloped and likely to remain undeveloped in the future. There is an existing detached garage on the neighboring property to the west which encroaches 14 feet into the Barrett Avenue ROW; the proposed home will be approximately 62 feet from the neighboring garage. The new home location will allow for more of a usable "yard" than the existing home where most of the "yard" is actually Barrett Avenue or Fox Street ROW. The new plan will also allow for parking on the applicant's property rather than parking within the Fox Street ROW. Practical Difficulties Analysis In considering applications for variance, the P/anning Commission shall consider the effect of the proposed variance upon the healih, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fre, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the litera/ provisions of the Zoning Code in instances where their strict enforcement would cause pmctical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. The applicants' property is nonconforming with respect to area and width; they have made efforts to enlarge the size via the adjacent property purchase. The applicant is proposing to construct a new home which may result in a more functional parking and yard area. The applicant's property is a 0.5± acre lot within a small-lot neighborhood which exists in a 2 acre zoning district. There would appear to be no additional impact from this proposal on the adjacent properties. The proposed additions do not appear to limit the light, air and open space currently enjoyed by the adjacent property owners. Staff finds the size and topography of the property creates a unique circumstance not created by the applicant; granting the applicant's request is in harmony with the purpose and intent of the ordinance; and will not alter the essential character of the neighborhood. The undeveloped rights-of-way create a practical difficulty for the property owner regarding the increased setback requirement. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the subject property in a reasonable manner which is not permitted by an official control? Are the proposed setbacks reasonable? FILE#15-3717 12 Feb 2015 ' Page 2 of 4 on the property and is requesting lot area, lot width,front yard and side street setback variances in order to do so. The property is 19,234 square feet or 0.44 acre in area and has 129 feet in width where 2.0 acres in area and 200 feet in width are required. The home is proposed to be 26.5 feet from Fox Street; 16.2 feet from Barrett Avenue and 28.4 feet from the undeveloped alley on the east side where a 50-foot setback is required from all lot lines. The proposed home will meet the 50-foot rear setback. The applicant is proposing to create a new driveway approach and conduct minor grading within the Fox Street ROW which will flatten out the front yard adjacent to the sidewalk. The City's Engineer has reviewed the plans. ------------------------------------------------------------------------------------ LOT ANALYSIS WORSHEET Lot Area/Width: RR-16 Lot Area Lot Width Required 87,120 s.f. (2 acres) 200' Actual 19,234 s.f. (0.44 acre) 129' Setbacks: RR-16 Required Existing Proposed Front(Fox Street) 50' 11.3' 26.5' Rear 50' 103' 62.8' East Side Street(Alley) 50' 75' 28.6' West Side Street(Barrett Ave) 50' 8.9' 16.2' Structural Covera�e: As the plans are currently proposed,the structural coverage level exceeds the allowed 159�o by 138 square feet. It was not the applicant's intent to request a structural coverage variance. Upon calculating the structural coverage level staff contacted the applicant, he is working on a revised plan to conform to the 15%limitation. Prior to City Council review of this application the structural coverage overage should be resolved. Total Lot Area Total Structural Coverage 19,234 s.f. (0.44 acre) Allowed: 2,885 s.f. (15�0) Proposed: 3,023 s.f. (15.7�'0) Hardcover Calculations: Stormwater Overlay District Total Area in Zone Allowed Hardcover Proposed Hardcover Tier Tier 2 19,234 s.f. 5,770 s.f. 4,426 s.f. (30%) (23%) ------------------------------------------------------------------------------------ Lot Area/Lot Width Variances Setback Variances The subject property abuts an undeveloped 60-foot street right-of-way on the west; an undeveloped 12 foot wide alley on the east; Fox Street dead ends at this property so the majority of the 30 foot Fox Street ROW is undeveloped in front of this property as well. The public rights-of-way are considered side streets for the purpose of ineasuring setbacks; a 50 foot • Council Exhibit F Date Application Received: 01/21/15 Date Application Considered as Complete: 02/05/15 60-Day Review Period Expires: 04/06/15 To: Chair Leskinen and Planning Commission Members Jessica Loftus,City Administrator From: Melanie Curtis, Planner � Date: 12 February 2015 Subject: #15-3717, Paul Cameron/Chamberlain Capital LLC, 1340 Fox Street Setback Variances Public Hearing ----------------------------------------------------------------------------------- Zoning District: RR-1B, One Family Rural Residential, 2-acres/200'width Lot Area: 19,234 square feet(0.44 acre) Lot Width: 129 feet Application Summary: The applicant is requesting front, and side street setback variances to allow construction of a new residence to be situated 26.5 feet from the front lot line; 16.2 feet from the west side street lot line (undeveloped Barrett Ave); and 28.4 feet from the undeveloped alley on the east where 50-foot is required. Lot area and lot width variances are also requested. Staff Recommendation: Planning Department Staff recommends approval of the variances with conditions,see page 4. Pertinent Zoning Ordinance Sections Sec. 78-420.Area, height, lot width and yard requirements. List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Form Exhibit C. Proposed Survey—Revised Exhibit D. Buildable Envelope Exhibit Exhibit E. Proposed Plans and Elevations Exhibit F. Submitted Hardcover Calculations Exhibit G. Aerial Photos Exhibit H. Site Photos Exhibit l. Property Owners List ExhibitJ. Plat Map Background The subject property is approximately %: acre in area and is located within the RR-16, rural residential district which requires a minimum of 2 acres. The property owner recently purchased the northern 50-foot wide portion of this lot in order to combine it with the 100-foot wide 1340 Fox Street property in order to increase the lot area. The existing home on the property is located 8.9 feet from Barrett Ave; 11.3 feet from Fox Street where a 50 foot setback is normally required. Additionally there is a shed on the property which is only�foot from the Barrett Ave side street lot line.The applicant is proposing to construct a new single family home NIINUTES OF TI� , ORONO PLANNING COMMISSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. will not alter the essential character of the neighborhood. The undeveloped rights-of-way surrounding the property create a practical difficulty for the property owner regarding the increased setback requirement. The proposed home does not appear to limit the light,air, and open space currently enjoyed by the adjacent properties. Planning Staff recommends approval of the lot area, lot width, k and front yard setback variances resulting in a 16.2 foot setback from the undev�ped �f- Barrett Avenue; a 28.4 foot setback from the undeveloped alley to the east;and a 2�6.5�t set Fo�x Street in the front. The applicant will continue to work with the City's Engi��sgarding t�4����ess orientation and the potential need for an encroachment agreement. 'I1� 'c �I reduce� ��erage level prior to placement on the City Council agenda. Paul Cameron,Applicant,had nothing to add to Staf�s . Chair Leskinen opened the public hearing at 6:39 p.m. J. Diann Goetten,1385 Fox Street, stated she is #��ee what is to occur on this property. Goetten stated the area is currently an unim right-t�rf-�y that she would like to know what is going to happen with that area. Goetten no��re are�y�v�rties in this area. Chair Leskinen closed the public hearing at 5:�1 p.m. Leskinen stated the application ap to be very �r�. Leskinen stated she is happy the applicant was able to acquire addi ' property to t� could to help make the lot a little bigger. Schwingler noted Point No.4 says i� home has reached the end of its useful life. Schwingler stated he wc�3� the applic�� ' ue to work at reducing the 15 percent structural coverag�. Sch moved,Land �eonded,to recommend approval of Application No. 15-3717, lain Capita1, 13401�"1r� t,granting of front and side street setback variances as well as � and lot width variancet,��low construction of a new residence,subject to Staff's tions.VOTE: Ay�s 3,ATays 0. 3. AIVIEND 78-1405(a)(8 G ING FENCE T ARDS,6: P.M.— :35�' affro stated th prp� endment s intended o clarify ho fence heig is measur ,to establ sh tand ds for the se of rary fence and to cl ify the langu ge regardi the averag lakeshor s tbac applicabl to fence onstruction. T e Pl ning Co ission eviewed this it m at its anuary work s ssion an then held a p blic hear g at s J nuary 20 m eting ith no public co ents orthcoming. e item s tabled upon taff rec endation as 't was etermined that t draft ordinance was i ompl e and there wer speci c changes requested b the lanning Commissi n. Page 2 of 11 ' Council , MINLJTES OF THE Exhibit E ORONO PLANNING COMNIISSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. ROLL CALL Th rono Planning Commission met on the above-mentioned date with the followi ers present: Chair ise Leskinen, Commissioners Kevin Landgraver,Bruce Lemke,an Thiesse. Representin taff were Senior Planner Michael Gaffron,City er ie Curtis, and Recorder Jackie Young. ' Council Member Jim Cornick,Jr.,was pre ' 'oner Jon Schwingler arrived at 6:36 p.m. Chair Leskinen called the meetin order at 6• p.m.,�lowed�+' c�Allegiance. CONSENT AGENDA *1. APPROVAL OF ANNING COMMISSI 1VIINUTES OF JANUARY 20,2015 Lemke mov , andgraver seconded,to approv�e �nutes of the P�anning Commission meeting anuary 20,2015,as submitted. VOT�: A�dt Ao,Nays 0. BUSINESS 2. #15-3717 CHAMBERLAIN CAP'IT�I.,I�,1340��!�'TREET,VARIANCES,6:35 P.M.—6:43 P.M. Curtis stated the subject property i� roximately f in area and is located within the RR-1B, rural residential district,whic�r��a minimum oftwc��cres. The property owner recently purchased the northern 50-foot wide port�+of�lot in order to combine it with the 100-foot wide 1340 Fox Street property in order to increase the la� . `The applicant is proposing to construct a new single-family home on the rty �requestin�� lot width, front yard and side street setback variances. The pr�rty kas 129��ts ' where 2C��im width is required. The property abuts an unde�k�ed 60-foot street ri�-t�-�vay on the v�est and an undeveloped 12-foot wide alley on the east. F�c dead-ends at this p��the majority of the 30-foot wide Fox Street right-of-way is �ed in front of this prop��well. The public rights-of-way are considered side streets for the c�f�easuring setbacks. '�1rn�me is proposed to be 26.5 feet from Fox Street, 16.2 feet from Barre�t A �n the west, and Z�,��et from the undeveloped alley on the east side where 50-foot setbacks�tvc . The re�r'��t setback will be met. The applicant is '���create a new driveway approach and conduct minor grading within the Fox Street right-of-ws�' ' will flatten out the front yard adjacent to the sidewalk. The City's Engineer has reviewed j�ans. As noted within Staff's memo,the plans currently reflect structural coverage that exceeds the 15 percent limitation by 138 square feet. It is not the applicant's intent to request a structural coverage variance. The applicant is working on a revised plan to conform. Prior to City Council review of this application, the structural coverage overage should be resolved. 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'.�S �'�+� r M �� .' �"j' � a' 7��'~� �!/��'��ii� ��� S�z�Yr��� + 2�� ;I�. ? � 'x � �`�� �! �� � � ���� _ �F� � : � I!_ ,.:�.t�'"d� .`,� . � .,1,�• �� �' � ��. ���� �lY� Z� � �.^ � � �a . c��3 � , t �� � � � ::� „ , , � . . ,, r, ��.� , _ _ , � � ,., ���. v RUN DATE:Ol/O8/2015 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM(PROPERTY OWNERS L15T) pC Exhibit I � 38 02-117-23 31 0006 38 02-117-23 31 0052 SANDRA S LARSON R T&V H IAFFRAY 550 ORONO ORCHARD RD S 540 BARRETT AVE SANDRA S LARSON R T&V H JAFFRAY PO BOX 546 540 BARRETT AVE WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 31 0007 38 02-117-23 34 0016 ROGER J HAWKINSON J DIANN GOETTEN 38 ADDRESS UNASSIGNED 1385 FOX ST ROGER J HAWKINSON ]DIANN GOETTEN 570 ORONO ORCHARD RD 1385 FOX ST WAYZATA MN 55391 WAYZATA MN 55391 38 02-117-23 31 0008 38 02-117-23 34 0020 ROGER J HAWKINSON EDWARD H HAMM TRUSTEE 38 ADDRESS UNASSIGNED 1391 FOX ST ROGER J HAWKINSON EDWARD H HAMM 570 ORONO ORCHARD RD 408 ST PETER ST WAYZATA MN 55391 ST PAUL MN SS102 38 02-I 17-23 31 OW9 38 02-117-23 42 0013 ERIC M BARRON HENNEPIN CO REGIONAL RR AUTH 1380 FOX ST 38 ADDRESS UNASSIGNED ERIC M BARRON HENNEPIN COUNTY 1380 FOX ST REGIONAL RAiLROAD AUTHORITY WAYZATA MN 55391 701 4TH AVE S SUTT'E 400 MINNEAPOLIS MN 55415 38 02-117-23 31 0015 R V&M E KOEHNEN 537 HANLON AVE ROBERT&MICHEL KOEHNEN 537 HANLON AVE WAYZATA MN 55391 38 02-117-23 31 0016 HADASSAH YEHUDiT ZOHARA 565 HANLON AVE HADASSAH YEHUDiT ZOHARA 565 HANLON AVE WAYZATA MN 55391 38 02-117-23 31 0017 HADASSAH YEHUDIT ZOHARA 38 ADDRESS LTNASSIGNED HADASSAH YEHUDiT ZOHARA 565 HANLON AVE ORONO MN 55391 38 02-117-23 31 0018 RICHARD S BROWN ET AL TRUST 1300 SHORELINE DR RTCHARD S/KiMBERLEE M BROWN P O BOX 681 WAYZATA MN 55391 38 02-117-23 31 0019 CHAMBERLAIN CAPITAL LLC 1340 FOX ST CHAMBERLATN CAPTfAL LLC 11578 CHAMBERLAIN CT EDEN PRAIRiE MN 55344 3S 02-117-23 31 0020 �����\/�� CHAMBERLAIN CAPTTAL LLC � 38 ADDRESS UNASSIGNED CHAMBERLAIN CAPTTAL LLC �A s' ry � ��4? 11578 CHAMBERLAiN C'f fal191 � E EDEN PRAIRIE MN 55344 �t�I`a'.OF OROfvO �� � � � L'�`I• C!y��S 4�� . , � � ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM � (we) Ul7 io� �i,�, 30 ' eK f S�S Na,►•.�o�, [pri na e(s ] [print address) have reviewed the plans for the proposed improvement or proposed use of the property located at 6 3�,o Fo x also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapprovai of the property or use hwt merely to �onfirm for the City Council that I (we) am (are) aware of the improvement pians and that the p osed neighbor's project or use requires Council approval. ������ � � Property Awrrer Date ���� a �� '�RS ttvl►�� �re.. Property Owner Date If you have any information that may assist the City in the review of this Land Use Application,please submit your comments to the Building S Zoning Office at least 10 days prior to the scheduled meeting date. ***,�*.t=.**,.*tx*...**.*,�*..*�*.******x***�..*�****....*,*.�,�,�,�#*.*.*..,�**,�*�.,.,�.,�*.*,.****,�*.,�*x„«*..,�..*,�***..**:.*..*.*x�*«***.* ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT FORM � (we) 1����svLt� �64-�Fr2k� of 54 o t3A R c2�i �il�-, [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at �3� o Fs�x , also refeneri to as Land Use Application No. I (we) understand that in executing this acknpwledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confinn for the City Counal that I (we) am (are) aware of the improvement plans and that the proposed neighbors project or use requires Council approval. C �Sl,t.,�r I� S = �-Zt-cS `�5z -q-13 -��Sg Property Owner Date Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 8�Zoning Office at least 10 days prior to the scheduled meeting date. � �� � PacketLast Updated.• Ma�h 2014 JAN 21 2015 Page 15 of 27 � � �� CITY OF ORONO � � , . 3 ADJACENT PROPERTY OWNERS'ACKNOWILEDGEMENT FORM I (we) �121C r�4i2,p_�z,tN of 13�� ��` 4T OK�� �ur sS3�J [print name(s)] [print address] have reviewed the plans for the proposed improvement or proposed use of the property located at __ �3�� �b� S7—' also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm fo� the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approvat. �Z�---- l- 2 l-1 t" �a 3 �t 9~�Zti`� Property Ovmer Date Property Ovmer Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building&Zoning Office at least 10 days prior to the scheduled meeting date. Q**iF�t*t1R+MrtfFf�t+RiF7FMtt4�F1t*41kfn!*tkf*1k4f7t*t*aF*#*f**lrfnFltFM*****=�F4!***tk7hFftt##frf iFRfl�►►f4*1CfttilR*at�F*f�*M***1rR**!Nt**tF*fR#*fkftFflYe*f**1k**lkit*!nF*** ADJACENT PROPERTY OWNERS'ACKNOWLEDGEMENT F�RM I (we) ,�i�>�"�,� C�cf�a�c>i of �.3 ��` �k�'�' [print name(s)] [print address] � have reviewed the plans for the proposed improvement or proposed use of the prope�ty located at /.� h�� also referred to as Land Use Application No. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Counal that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Counal approval. .�°.' ' , � �--- perty Owner Date l S`z.���� ^ � l0 3 � Property Owner Date If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 8 Zoning Office at least 10 days prior to the scheduled meeting date. � � 4� Packei Last Updated: Ma�h 2014 JA�12 1 2 015 Page 15 of 27 � � � � � . CITY OF ORONO � � .. 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'y� ' 02-117-23-34 �t.� -23-33 �--- , - - - . �N�Np i,��,� � � -- - , , - - - BUffel' SIZe: 150 feet 0 60 120 240 ft Map Comments: � � � � � � � � � 1340 FOX STREET ORONO For more information contact: MN 55391 Hennepin County GIS Division PID NO'S. 02-117-23-31-0019 & 02-117-23-31-0020 R���g&��� 300 6th Street South Minneapolis,MN 55487 gis.info@hennepin.us JAN 21 20�5 - CITY OF ORONO :.�:�� � � � � , \ \\ � . , �, ,, L . , �, �� ��,,� ��, , , , � � � �� �� ��� � � � � � � � � � � �� �� �� �\ �� s� e,rwe � � � � � �� � � � \\ \� \� \� \\ \\� SEWEf��ii�PER I 12 1 O � `, / `, ��, I ��, �;.-, p `;r�<'����+�37 _\ � I � CERTIFICATE OF SURVEY t �, �� � ti �- �N90b000 E � ----___ � PROPOSED HOUSE AND GRADING \ \ \\\ 9•� _ �`'� I \� \� \� \k � \� / �/z �saun+�° ~ � �\ � � � ,� �� ) �� � -� ) �.� � CxCUUiW POSRION , 0''N � � ' - ( �—,_—_��� M �\��`\ — — ��'— — � — 1 j— — — —._ — _ _ _____ - -�I_az4.� LEGAL DESCRIPTION: �. a� � � � ��\ I --� �\� C� a�� \ �� , `i� � 29.4 x 48.7 Bu1lDAelE ARFi► n I M NNEiONKA BL�UFFS5�M NNESOTA� I ____^__=` �O � � I \I PER EXISTING ZONIN� SETBACKS � �� � �� \�� �� m� � --/------------ � ----_-__ ' , - PREPARED FOR• -—' gp � �\ �� \\��\�� �i ��' ' "�n / N 71MBER REfNNING I PAUL CAMERON - _. � � � �� L � � �taooa cor�anoH) �K, I CHAMBERLAIN CAPITAL LLC ( ----—-- ��+� � \�`94p� ro- �- \`J. 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FT. I hereby certify that this survey, plon, or �eport T1TLE INSURANCE CDMMITMENT. GARAGE 1,017 SQ. fT. Was prepared by me or under my diroct DECK 67 SQ. FT. supervision and that I am a duly Licensed Land 2) ADDRESS aF THE SUBJECT PROPERIY: 1340 FOX STREET, SCREEN PORCH 256 SQ. F1'. Surveyor under the laws of the state of Mi neaota. ORONO, MN 55391 STRUCTURAL PORTION OF ENTRY PORCH 56 SQ. Fi'. (10.SQ X 5.33) F_ ' rr� .�/%�� P.I.D.:02-117-23-31-0056 , ���. TOTAL STRUCTURE: 2,885 SQ. FT. OR 15.OX �� � 3) PARCEL AREA: 19,234 SQ. FT. 6wU M.Non NMb.Mtrr�weo protwywwl surw�ar toa NaN-STRUCTURAL PORTION OF ENTRY PORCH 9 SQ. F'T. an Rot«tlona� 4) BEARING BASIS IS ASSUMED WALK 16�j SQ. FT. JOB/2014082 ISSUm: 11-13-2014 DRIVEWAY '� 1,339 SQ. FT. 5) ELEVATION DATUM: NGVD 1929 ott�vm er:�w�m REV: 3-OS-2015 6) DATE OF FIELDWORK: 11-04-2014 SECTIONN78W 684 ON�ORONO CIN COpE)F DECK IS EXCLUDED PER scue: • ��� � 7) SANITARY SEWER INFO PER PL4NS FROM CITY OF ORONO VAN NESTE SURVEYING MAR U � 4U�� TOTAL HARDCOVER (AFTER ABOVE EXCLUSIONS): 4,331 SQ. FT. OR 22.5� PROFESSIOWIL SURVEYING SERVICES 8) ON SITE WELLS PER WELL DISCLOSURE DOCUMENT WERE NOT 85 WILDHURST ROAD ExCE'�SIOR MN 55331 FOUND. WELI TO BE LOCATED DURING EJ(CAVATION. *DRIVEWAY SQUARE FOOTAGE OOES NOT INCLUDE PORTION OF ORIVEWAY PHONE (952) 88�W VANNESTESU FRVEYING.COMe66) 473-012o CITY OF OROIVO WITHIN FOX STREET RIGHT OF WAY OR BARNETT AVENUE RIGHT OF WAY. sH�r t oF t COUNCIL MEETING MAR 0 9 2Q15 REQUEST FOR COUNCIL ACTION ��Ty OF ORONO Date: March 5,2015 Item No.: �� Department Approval: Administrator Approval: Agenda Section: Name: Michael P.Gaf&on Planning Dept. Title: Senior Planner Item Description: #14-3700 City of Orono -Zoning Code Amendment - Amend Section 78-1379: Wind Energy Conversion Systems (WECS) - First Review List of Eghibits A - Draft Ordinance per Planning Commission, for Discussion B - Draft PC Ordinance with Added Commentary per City Attorney Review 3-5-15 C - Planning Commission Minutes 1/20/15 D - Planning Commission Memo and Earhibits dated 1/16/15 E - Selected Exhibits from November 2014 PC Packet Background The City Council adopted Municipal Zoning Code Section 78-1379 per Ordinance 119 3rd Series on December 9, 2013. Entitled `Alternative Energy Systems', this section included definitions relative to Wind Energy Conversion Systems (WECS), and then established that WECS are not an allowed use anywhere in the City of Orono ['78-1379(�]. A lawsuit was subsequently filed by plaintiffs Go Green Energy, LLC; Micro Wind Advisory Council; and Jay and Kendall Nygard, seeking a declaration that sta.te law preempts the City's ordinance that disallows the use of WECS anywhere within the City. On October 23, 2014 the District Court granted summary judgment in favor of the plaintiffs and enjoined the City from enforcing Section 78-1379(�beginning on November 24, 2014. At its October 27, 2014 regular meeting, the City Council adopted Ordinance 125, 3rd Series, an Interim Ordinance enacting an immediate one-year moratorium on SWECS. The basis for the moratorium is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(�, the current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the appropriate locations and conditions under which they may be allowed within the CiTy. As a result of these important land use and zoning issues, the City Council directed that a study be conducted for the purpose of consideration of possible amendments to the Zoning Code to address the issues concerning SWECS. To this end, staff has prepared a draft ordinance amendment that has been reviewed by the Planning Commission on two occasions, November 16, 2014 and January 20, 2015. During both reviews a public hearing was held and public comments received. Please review the Planning Commission memo and ezhibits as well as the January 20 PC minutes. #14-3700 Wind Energy Conversion Systems March 5,2015 Page 2 Planning Commission Recommendations At its January 20 meeting the Planning Commission was asked to consider a number of questions related to the draft ordinance. Those questions and general comments and responses follow. For a more detailed review of each issue,please review the PC memo and minutes. 1. Ornamental Wind Turbines a. Should the installation of purely ornamental wind turbines be allowed?Yes b. If so, what standards should be applicable to their installation? - Should they be allowed only if they are non-functional, i.e. blades don't rotate? Ornamental wind turbines should be non-functional in terms of generating electricity, should not be made up of standard WECS components, should pro6ably be stationary, and should be limited in height; varied responses suggested mazimum height in the range of 8 feet to 15 feet - Should they be allowed if they contain a light or are illuminated by a separate light source? Not specifically addressed - Should they be treated as accessory structures or signage and subject to the pertinent standards for such uses? Most likely could be treated as accessory structures, but that would allow, for instance, an ornamental turbine as high as the house peak and setba back from lot lines perhaps only 10 feet - not necessarily desired... 2. Residential&Non-residential WECS a. Is there a desire on the part of the City or its residents to allow WECS of greater than 10 kW capacity within residential zoning districts? No, and there has been no demonstrable demand for WECS of greater capacity b. Is there a desire to allow WECS of any generating capacity within commercial or industrial districts within Orono? Is there a known demand for such use? No known demand has come forward; if they are allowed in commercial districts, they should be a conditional use, and standards established. c. Are the visual aspects and visual impacts of WECS a significant factor in whether WECS should be allowed in commercial/industrial areas? Yes - keep in mind we have few commercial areas and most of them are very close or adjacent to residential neighborhoods. 3. Height, Setback, Location Standazds. T'he Planning Commission recommendation in November 2013 was to limit WECS as follows: - only allowed in the RR-lA and RR-1B, 2-acre and 5-acre Rural Residential zones - not allowed in the Shoreland Overlay District, nor in wetlands or floodplains - minimum lot size of 10 acres (gross acreage) - setback to any property line of minimum 300 feet - must be within 150 feet of principal structure - hub height maximum 30', blade length m�imum 15'; maximum total height 45' #14-3700 Wind Energy Conversion Systems March 5,2015 Page 3 a. Is the 10-acre lot size minimum an appropriate standard to establish? If many 10- acre lots can't meet the proposed 300' setback standard due to lot shape,then a variance process might be necessary. If the City is interested in limiting the neighbor impacts, then the 300' setbacks and 10-acre minimum lot size should accomplish that. b. Given the wide range of standards established for maximum height of WECS, and assuming there is no desire to allow for WECS with generating capacity greater than 10 kW, is the 45' height limit reasonable? Limiting the height may have greater impacts on neighbors than a higher WECS. WECS efficiency is site-dependent, and whether 45' is appropriate as opposed to some other height limit for a given site could be determined through a variance process if necessary. Planning Commission in general reaffirmed the height, location and setback standards recommended in November 2013. 4. Residential Use. a. Is there any desire to allow for distribution of electricity outside the property on which the WECS is located? WECS owners should be allowed to distribute electricity to the grid (i.e. to the electric company) but not to neighbors. If it is to be a money-maker in a residential setting, it should only be via distribution to the grid. 5. Accessory Use vs Conditional Use a. Should Residential WECS be allowed administratively as an accessory use, or should they be allowed only as a Conditional Use? Administratively in residential as long as they conform to the established standards. Conditional use in commercial districts if they are to be allowed in commercial districts. b. Should any deviations from the standards be subject to the variance process rather than a CUP? There seemed to be a general consensus that the variance process would be most appropriate to address any proposed deviations. Shadow Flicker Planning Commission suggested that the topic of minimizing or eliminating shadow flicker must be addressed. This issue was demonstrated by Mr. Lanpher's presentation at the November hearing. The PC generally agreed that a combination of the concepts in the Des Moines and Medina ordinances should be considered. There should be a shadow flicker analysis report submitted before a permit is issued, and the report should show there will be no flicker impacts to neighboring developed properties, rather than simply defining the time periods when flicker could be present. The report should also take into account the variation in impacts at various times of the year. #14-3700 Wind Energy Conversion Systems March 5,2015 Page 4 Public Comments At the November public hearing, Peter Lanpher, an Orono resident who lives adjacent to a property that contains a SWECS, showed video of the impacts of the SWECS on his enjoyment of his property. His comments are contained in the minutes of the November 16 PC meeting (attached to the January PC packet). Lanpher's basic concerns are that the negative visual impacts of flicker shadow need to be proactively dealt with and that the variables of height, location, and orientation of a WECS need to be considered when siting a turbine to avoid WECS. Additionally, comments were heard from Lisa Daniels, Executive Director of "Windustry", a non-profit wind energy information organization based in Minneapolis and a managing partner of the Midwest Wind Energy Center. Ms. Daniels' comments appear in the PC minutes of January 20, 2015. Her main concerns were the proposed limits on height, setbacks and minimum lot size. Staff Recommendation The Planning Commission packet for the January meeting contains a table comparing WECS ordinances from a variety of jurisdictions. Also attached aze selected WECS informational materials included in the November 2014 PC packet. The draft ordinance attached as Exhibit A reflects Planning Commission's recent comments and suggested revisions of the draft ordinance recommended by the Commission in 2013. Since the January Planning Commission meeting, the City attorney has reviewed the draft and has indicated a number of concerns that should be considered by Council - these are highlighted in Ezhibit B. The ordinance is by no means in a final form, but does establish a framework to assist the Council in determining where and under what conditions WECS should be allowed in Orono. COUNCIL ACTION REQUESTED Review the materials presented and consider whether or how the various elements of the draft ordinance address the City's goals regarding wind energy conversion systems. Council Exhibit A DRAFT WECS Ordinance for Discussion 3/9/15 A. Ezisting WECS-related Definitions - 78-1379(3)(d): (Initial l l/14 staff-suggested revisions are in underline/st��eug�format highlighted in yellow) (Revisions revisions resulting from PC 1/20/15 review are highlighted in gt��) (d) Wind Energ,y Conversion Systems Definitions HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. HUB HEIGH7: The distance measured from natural grade to the center of the turbine hub. MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. RESIDENTIAL WIND ���� ENERGY CONVERSION SYSTEM. A � �e WECS of 10 kilowatt(kV�nameplate generating capacity or less. SMALL WIND ���� ENERGY CONVERSION SYSTEM. A ,.�„a *"-�'�:�� WECS of 100 kW nameplate generating capacity or less. TOTAL HEIGHT: The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. TOWER. A vertical structure that supports a wind turbine. UTILITY WIND �b�IzW� ENERGY CONVERSION SYSTEM. A ' WECS of more than 100 kW nameplate generating capacity. VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically. WIND ENERGY CONVERSION SYSTEM (WECS�. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. ORNAMENTAL WIND DEVICE. A decorative structure that appeazs to mimic the aupearance of a wind turbine as to the use of a.irfoils or other wind-capturing devices but does not have electrical �eneratin�capabilitv. Page 1 of 6 B. November 2013 PC Recommended WECS Ordinance Tezt (Not adopted) (Initial 11/14 staff-suggested revisions are in underline/s�r•a�e�l�g�format highlighted in yellow) (Revisions resulting from PC 1/20/15 review are highlighted in gray) �6,� Wind EnerQv Conversion Svstems. (a) Zoning districts. Residential Wind � Energy Conversion Systems (<10 kV� in accordance with the standards in this section are permitted accessory uses on lots at least 10 acres in gross area within the RR-1 A and RR-1 B Rural Residential zoning districts. „+�.o.. ,,, a:�,..:,.+� ���`���t�,�ic�t.,� �,.:��:;�C� . . _ � a�t���d�i� �b������d��.il�;:.. .n: �����i�+c�..�:�� (Note: PC not unanimous that this should be added, but if CommerciaUlndustrial allowed, potentially should be via CUP and specific standards created) (b) �es#de�tt�iul �Y � Standards. (Note: PC generally concluded that WECS that didn't meet established standards should be subject to a variance process) 1. Number. No more than one wind energy conversion system is permitted per parcel. 2. Height. In the RR-lA and RR-1B zoning districts, a maacimum hub height of 30 feet is allowed as a permitted accessory use. 3. Blade length. A maximum blade length of 15 feet is permitted. 4. Clearance. The minimum distance from the ground for the lowest point of a blade or any other moving part shall be 12 feet. 5. Roof mounting. Roof or wall mounted WECS are not permitted. 6. Setbacks. The base of the �•n�a *�•�'���� WECS tower shall be set back at least 300 feet from all property lines. Wind energy conversion systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. Wind energy conversion systems shall not be located more than 150 feet from the principal structure on the property. 7. Easements. Wind energy conversion systems shall not encroach on public drainage, utility roadway or trail easements. 8. Noise. Wind energy conversion systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. 9. Screening. Wind energy conversion systems are exempt from the screening requirements for the district in which they are located. Page 2 of 6 10. Aesthetics. All portions of the wind energy conversion system shall be a nonreflective surface, with non-obtrusive color, subject to the approval of the City Administrator or his/her designee. Only monopole towers aze permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy conversion system pursuant to industry standards. Systems shall not be used for displaying any advertising, nor for other uses including but not limited to cell phone antennas, flags, ham radio antennas, etc. Systems shall not be illuminated. 11. Feeder lines. The electrical collection system shall be placed underground within the interior of each pazcel. 12. Vibration. No wind energy conversion system shall produce vibrations through the ground that are humanly perceptible beyond the property on which it is located. 13. Location. No WECS shall be allowed within the Shoreland Overlay District. WECS shall be setback a distance equal to the height of the WECS from e�a floodplain�pond or�wetland. 14. Shadow Flicker. No WECS sha11 be installed and operated so as to cause a shadow flicker to fall on or in any existing residential structure. OR A shadow flicker report summarizin� the amount of time which shadow flicker will impact nei h� borin�property shall be required as part of any apnlication for a WECS nermit. OR A= � = � �_ � s vc�� - 15. Ornamental Wind Devices. Omamental wind devices that are not a WECS shall be exempt from the provisions of this section and shall conform to other applicable nrovisions of this Chapter and the Citv Code �' ` .��o :�'v" ..c4� - _ ~ �. ..F: "_ �v, 'i _„yv __- - " - .q ' ' - _ _' ., r �+". -- - - - �#�.,`�r�;��a�li���' :. ��� 1S• ',, _ .• .�.- � _ _ �; ��# - .�- - - - e �: - - - as��. Page 3 of 6 �•1) ��{ �� t 4 s�- 'Y;°q; {°�' 9 M. ' "�. -�. Page 4 of 6 �� .s . � (c) Safety. 1. Standards and certification. a. Standards. Wind energy conversion systems shall meet minimum standards such as International Electrotechnical Commission(IEC) 61400- 2 or the American Wind Energy Association's (AWEA) Sma11 Wind Turbine Performance and Safety Standazd or other standards as determined by the City Administrator or his/her designee. b. Certification. Wind energy conversion systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the City Administrator or his/her designee. The city ' reserves the right to deny a building permit for proposed wind energy conversion systems deemed to have inadequate certification or testing for operation in a severe winter climate. Page 5 of 6 c. Maintenance. Wind energy conversion systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity. 2. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. [Not needed if items (b)11 & (n are implemented?77?7 what about comm'Uindustrial????J (d) Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. (e) Permits. A building permit shall be obtained for any wind energy system prior to installation. �fl Residential Use. The power produced from a Residential WECS sha11 only be used for on-site consumption and at no times shall electricity be distributed across property lines. Page 6 of 6 Council Exhibit B Draft Ordinance with Citv Attornev Comments - for Discussion 3/9/15 A. Ezisting WECS-related Definitions - 78-1379(3)(d): (Initial 11/14 staff-suggested revisions are in underline/s�il�e�l�sug�format highlighted in yellow) (Revisions resulting from PC 1/20/15 review are highlighted in�) (March 5 City Attorney verbal comments summarized by MPG in bold underlined italics) (d)Wind Energy Conversion Systems Definitions HORIZONTAL AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades aze perpendicular to the ground. HZIB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. HUB HEIGHT. The distance measured from natural grade to the center of the turbine hub. MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. RESIDENTIAL WIND �� ENERGY CONVERSION SYSTEM.* A � �e WECS of 10 kilowatt(kW)nameplate generating capacity or less. SMALL WIND ���� ENERGY CONVERSION SYSTEM.* A �� WECS of 100 kW nameplate generating capacity or less. TOTAL HEIGHT. The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. TOWER. A vertical structure that supports a wind turbine. (Since we de�ne mononole tower and don't allow other towers, this definition mav not be necessarv) UTILITY WIND TT jrvimiir� ENERGY CONVERSION SYSTEM.* A ���e WECS of more than 100 kW nameplate generating capacity. VERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically. WIND ENERGY CONVERSION SYSTEM (WECS1. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. ORNAMENTAL WIND DEVICE. A decorative structure that appeazs to mimic the appearance of a wind turbine as to the use of airfoils or other wind-capturing devices but does not have electrical generating canabilitv. (or `does not generate electricitv') Page 1 of 7 (*The state statute doesn't recognize the distinction between residential WECS-small WECS- utilitvWECS. It merelv defines Small WECS as less than SOOOKW namenlate canacitv and LarFe WECS as 5000%W or more namenlate canacitv Even though manv other cities'codes. as well as the model ordinance nromoted bv the MPCA, make distinctions behveen 10%W. 100%W. etc. it mav be annronriate to use the Statute definitions here and change the wording throuPhout the ordinance to reflect that... also, [ater in this ordinance the term `CommerciaUlndustrial WECS'is used, but that refers to a zoninP district, not a WECS tvne- need to revise...) B. November 2013 PC Recommended WECS Ordinance Tezt (Not adopted) (Initial 11/14 staff-suggested revisions are in underline/s�ri#e�k�e��format highlighted in yellow) (Revisions resulting from PC 1/20/15 review are highlighted in g�y) (March 5 City Attorney verbal comments summarized by MPG in bold underlined italics) �6,� Wind Energv Conversion Svstems. (a) Zoning districts. Residential Wind #��ries Energy Conversion Systems (<10 kW) in accordance with the standards in this section are permitted accessory uses on lots at least 10 acres in gross area within the RR-1 A and RR-1 B Rural Residential zonin districts. �a� � � ���,� �:� � �*�--- � �* „� ;** a g �:F;,' �.,...�a�..,: ���«.� " nr., „�l,e .a;.,s.,;,.��. - ''.. �� � a :"',: - - �,� ' �; }F�� (MPG Note: PC not unanimous that this should be added, but if CommerciaUlndustrial allowed, potentially should be via CUP and specific standards created) (A tvnical lot of 10 acres mav have onlv a small area within which a WECS can be located if the comnanion 300-foot setbackis reauired; tor examnle a 10-acre lot dimensioned 660'x660' will have onlv a 60'x60' site at its vervi center for a WECS: a S00'x870' 10-acre lotwould not have a site meeting the 300-foot setback...we should consider standards that will be reasonablv feasible to meet...) (b) �e��s�t�atl �Y��C',S'Standards. (MPG Note: PC generally concluded that WECS that didn't meet established standards should be subject to a variance process) 1. Number. No more than one wind energy conversion system is permitted per parcel. 2. Height. In the RR-lA and RR-1B zoning districts, a maximum hub height of 30 feet is allowed as a permitted accessory use. 3. Blade length. A maximum blade length of 15 feet is permitted. (An argument sunnorting the 30-foot hub + IS-foot blade = 45 foot maximum heiQht is that a tvpica[home in Orono, though limited to 30'heiQht bv dernition, mav have a neak Page 2 of 7 height of 40-45 feet in manv instances, and accessorv structures Qenerallv cannot exceed the height of the house...) 4. Clearance. The minimum distance from the ground for the lowest point of a blade or any other moving part sha11 be 12 feet. 5. Roof mounting. Roof or wall mounted �•��a ���'����� WECS are not permitted. 6. Setbacks. The base of the ��e WECS tower shall be set back at least 300 feet from all properiy lines. Wind energy conversion systems shall not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. Wind energy conversion systems shall not be located more than 150 feet from the principal structure on the property. (The 300-foot setback is greater than is likelv necessarv for safetv nuruoses; most WECS ordinances establish a lot-line setback of 1.0 to1.5 times the WECS height to establish a fall zone: potential additional iustircations for a Preater setback miFht be, for instance. the results o!a flicker renort, or studies to identifv visual, vibration or noise issues that can be mitigated bv extra setback... Additionallv, the iusti�cation for maintaining proximitv to the princinal structure should be established) 7. Easements. Wind energy conversion systems shall not encroach on public drainage,utility roadway or trail easements. 8. Noise. Wind energy conversion systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. 9. Screening. Wind energy conversion systems are exempt from the screening requirements for the district in which they are located. 10. Aesthetics. All portions of the wind energy conversion system shall be a nonreflective surface, with non-obtrusive color, subject to the approval of the City Administrator or his/her designee. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy conversion system pursuant to industry standards. Systems shall not be used for displaying any advertising, nor for other uses including but not limited to cell phone antennas, flags, ham radio antennas, etc. Systems sha11 not be illuminated. (The `non-obtrusive color' is subiective and difficult to enlorce, and should not be releFated to a staff person's opinion... Rather than listinF some nossible ancillarv uses of' the WECS, it would be more apvronriate to simnlv state that `no comnonents unnecessarv to the operation of the WERCS shall be allowed:) 11. Feeder lines. The electrical collection system shall be placed underground within the interior of each parcel. 12. Vibration. No wind energy conversion system shall produce vibrations through the ground that are humanly perceptible beyond the property on which it is located. (Recommend to strike `humanlv') Page 3 of 7 13. Location. No WECS shall be allowed within the Shoreland Overlay District. WECS shall be setback a distance equal to the height of the WECS from e�a floodplain�pond or�wetland. (Unless otherwise iustified. mav wish to establish a floodnlain/vonaU/wetland setback epual to the repuired setback for a nrincipal structure from these features...) 14. Shadow Flicker. No WECS shall be installed and operated so as to cause a shadow flicker to fall on or in any existin�residential structure. OR A shadow flicker report summarizin� the amount of time which shadow flicker will impact neighboring property shall be required as part of anX a�plication for a WECS permit. OR 1�,�� ; > - ,� �;,; ,. ,Q: t, �_,. _- ,� ,� � f. - _ (Consider whether a `no flicker' conclusion would support a reduced setback from the 300'reAuirement...) 15. Ornamental Wind Devices. Ornamental wind devices that aze not a WECS shall be exempt from the provisions of this section and shall conform to other a licable rovisions of this Cha ter and the Ci Code ��"' ��ST�T �� S. ' _ .Y... " 'tF�f� ' _ - - :d«i' .a " " �'�� _ 3 ��' _.� ��.�. . . t ._.�'�.`�� �s. - = ' = � ��,. �... :� � �:: } - �§�� _ t�.. _ _ �4� ;.v.., ...4. •�.t° - T P �� _ - :t� `} i (It mav be apnronriate to have Ornamental Wind Devices as a senarate section within the ordinance: and consider whether thev should be subiect to WECS standards or to accessorv structure standards...1 (b.l) s. v,: .: � y �" ,:�.,.r ���;,�s� ��,2,.� ��`-� :;:.._.f.. .� - _ r�,.s�.t � 3-:�J' � :� +-_C_,`.t. n�n" .-,�,�n • -� s.� „ .�. �, -� . __ .. ' . .-, ._ . w . �'+ . . • . . ,, . , � . .� �This section should be re-titled WECS Standards for Commercial and Industrial Districts (In Peneral, since the section below mimics the text for residential WECS but leaves a number of standards undetermined with blanks to �ll in. the same commentsas for the previous residential WECS section applv...) Page 4 of 7 >� _ :�. �� r, 'Y� �r �s �fr '� � ; < 'd A� � � O M J � � 4 a - � (c) Safety. 1. Standards and certification. a. Standards. Wind energy conversion systems shall meet minimum standards such as International Electrotechnical Commission(IEC) 61400- 2 or the American Wind Energy Association's (AWEA) Small Wind Turbine Performance and Safety Standard or other standards as determined by the City Administrator or his/her designee. b. Certification. Wind energy conversion systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Sma11 Wind Certification Council or other body as determined by the City Administrator or his/her designee. The city reserves the right to deny a building permit for proposed wind energy conversion systems deemed to have inadequate certification or testing for operation in a severe winter climate. c. Maintenance. Wind energy conversion systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity. 2. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external Page 6 of 7 disconnect must be provided if required by the utility. [Not needed if items (b)11 dc (� are implemented?7??7 what about comm'�ndustrial????J (d) Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. (e) Permits. A building permit shall be obtained for any wind energy system prior to installation. (fl Residential Use. The power produced from a Residential WECS sha11 only be used for on-site consumption and at no times shall electricity be distributed across nropert, lines. (Item (� should be revised to allow distribution of electricitv to the Qrid, ner PC recommendation) Page 7 of 7 MINUTES OF THE Council ORONO PLANNING COMNIISSION MEETING Exhlblt C Tuesday,January 20,2015 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Denise Leskinen, Commissioners Kevin Landgraver, Bruce Lemke,Christopher McGrann,Loren Schoenzeit,and John Thiesse. Representing Staff were Senior Planner Michael Gaffron, City Planner Melanie Curtis, and Recorder Jackie Young. Mayor Lili McMillan was present. Chair Leskinen called the meeting to order at 6:30 p.m.,followed by the Pledge of Allegiance. CONSENT AGENDA 1. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 17,2014 Lemke moved, Schoenzeit seconded,to approve the minutes of the Orono Planning Commission meeting of November 17,2014,as amended,with the time of the meeting in the header being corrected to read 6:30 p.m. VOTE: Ayes 6,Nays 0. NEW BUSINESS 2. #14-3700 AMENDMENT OF ZONING CODE CHAPTER 78: AMEND SECTION 78-1379 REGARDING WIND ENERGY CONVERSION SYSTEMS(WECS),6:33 P.M.— 7:54 P.M. GafFron stated this is an amendment to Chapter 78 regarding small wind energy conversion systems. The City Council adopted an ordinance approximately one year ago that banned the use of small wind energy conversion systems throughout the city. As a result of some court action,the City Council determined that it was appropriate to reconsider and take a look at where and how the City might allow wind energy conversion systems in the City. Gaffron noted at its November 16 meeting,the Planning Commission held a public hearing to receive public input regarding small wind energy conversion systems or SWECS. The minutes ofthat meeting have been included in the Planning Commission's packets. At that meeting a presentation was made by Orono resident Peter Lanpher,who provided some visual aids that depicted the visual impacts of the SWECS on his enjoyment of his property. At that meeting the Planning Commission tabled the discussion for further discussion. Gaffron stated there are a number of decisions that need to be made tonight in order to craft an ordinance that meets the City's desired outcome. Part of what the Planning Commission will be doing tonight will be answering questions that will help Staff define what those outcomes should be. Staff has also included a table that compares the ordinance that the Planning Commission had recommended in 2013 to a number of other city ordinances that exist from Woodbury,Brooklyn Park,Lakeville,North St. Paul,Medina, Delano,and other cities. It also compares those to some model ordinances,one of which was put out by the City of Des Moines, Iowa. Gaffron stated based on those ordinances,there appears to be a wide range of standards throughout the state. The Planning Commission should consider a definition for ornamental wind turbines,whether the Planning Commission would consider the use of WECS systems in a commercial or nonresidential area of Page 1 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. the City, and review height, location, and setback standards. The Planning Commission should also discuss whether distribution of electricity would be allowed to properties outside of the property that the WECS is located on and whether WECS should be an accessory use or a conditional use. Gaffron stated in relation to ornamental wind turbines,the City has one that was put in place that was purported to be ornamental along Highway 12. T'he turbine is roughly 15 to 20 feet in height and is purportedly not generating electricity. The existing alternative energy ordinance, while it bans the use of WECS, does not ban the installation of wind turbines themselves that are not connected to electrical feeder lines or the associated controls. Gaffron stated a list of definitions is included in Staff s memorandum. In most city codes, a wind turbine is defined as any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. A residential wind turbine is capable of generating 10 kilowatt nameplate generating capaciTy or less. A small wind turbine is capable of producing 100 kW nameplate generating capacity or less. A utility wind turbine is a turbine capable of generating more than 100 kW nameplate generating capacity. A wind energy conversion system(WECS) is an electrical generating facility that consists of a wind turbine, feeder line(s),associated controls,and may include a tower. Gaffron stated a question has been raised as to whether a purely decorative or ornamental wind turbine or wind device functionally has the same potential visual and noise impacts as one that is part of a system. Assuming that the end result of this process is that a WECS will be allowed subject to certain standards, the existing code section that bans wind energy conversion systems will be removed and replaced with some defined standards. If the City decides to allow ornamental wind turbines, it will need to be spelled out that way in the code. Other cities' codes have used the following definition: Ornamental wind devices that are not a WECS � shall be exempt from the provisions of this section and shall conform to other applicable provisions of � this chapter and the City Code. � Staff is also recommending that the definition terminology be revised so that the terms residential wind �''11 turbine, small wind turbine, and utility wind turbine,be listed as Residential WECS, small WECS, and W Utility WECS,since their intended meanings relate to the complete system and not just the turbine. It � also may be appropriate to include language in the code that acknowledges that WECS of 5000 kW � nameplate capacity or greater are regulated by the state and not subject to this ordinance. � Questions to answer regarding ornamental wind turbines are as follows: � 1. Should the installation of purely ornamental wind turbines be allowed? 2. If so, what standards should be applicable to their installation? - Should they be allowed only if they are non-functional; i.e.,blades do not rotate? - Should they be allowed if they contain a light or are illuminated by a separate light source? - Should they be treated as accessory structures or signage and subject to the pertinent standards for such uses? Page 2 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Schoenzeit suggested a limitation on height be placed on ornamental wind devices, such as under ten feet. Schoenzeit stated he has an ornamental wind device in his garden that is approximately five feet in height and that the blades do move. Landgraver asked what chapters or other city codes they would need to comply with. Gaffron stated if they are considered an accessory structure,they would need to meet the City's accessory structure regulations,such as setbacks, and could not be any higher than the principal house structure. Thiesse asked if the City has any historical information on ornamental wind devices. Gaffron indicated it does not. Gaffron stated there have been a few ornamental wind devices in the City but a number of them have been removed over the years. Leskinen stated she is not sure whether a garden wind mill would rise to the level of an accessory structure. Gaffron stated in his view the accessory section of the code does not really address ornamental devices. Leskinen stated she does not want to overregulate ornamental structures in someone's yard,but that an ornamental wind device would need to be addressed somewhere since it could be called ornamental but � still be impactful if it is too large. �� McGrann asked whether someone could put up a permanent basketball hoop at 10 to 12 feet without a � permit. � Gaffron indicated they could. � McGrann asked if someone could put up a piece of art or sculpture that is 25 feet in their front yard. � � Gaffron stated the Code does not really talk about art or sculpture but that it does address flag poles. Gaffron noted the City revised their Accessory Structure Code a couple of years ago to address certain specific structures, such as a flag pole in the lakeshore area. Gaffron stated an option would be establishing a maximum height for a decorative wind device. McGrann stated in his view, a flag pole at 25 feet is probably considerably less obstructive than a wind mill at 25 feet. McGrann stated something below 15 feet is fine and that anything over that could create issues, especially in a residential neighborhood. Landgraver noted a question in Staff's report asked if they be treated as accessory structures or signage and subject to pertinent standards for such uses. Landgraver asked what the City's signage standards are. Gaffron stated an example was in the commercial area of Navarre that was intended to be purely ornamental but it was above the parapet of the building. Curtis stated the City in that situation required the ornamental device to become part of the sign and could not be free-standing. Curtis stated the sign has not been installed yet and is still being designed,but the blade structure will be incorporated into the sign. Page 3 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Schoenzeit stated it sounds like something similar to a clock. Lemke asked what would happen if the ornamental device is not maintained and becomes noisy. Gaffron stated it has a potential to be a problem,but unless it was squeaking very loud, it likely would not be considered illegal under any of the City's current ordinances. Schoenzeit stated in that situation it likely would be bothering the homeowner more than the adjoining property owner. Schoenzeit indicated he likes Commissioner McGrann's suggestion of limiting it to around 10 to 15 feet since the City is already allowing other structures that size. �� a T'hiesse stated the ornamental wind device should not be comprised of standard pieces of a WECS. �� Schoenzeit stated it would need to be nonfunctional as far as generating electricity. � Leskinen stated she does not want to regulate this to death but that there could be someone who will call it ornamental,not use it to generate electricity,but it would still technically quality as a WECS. Leskinen stated she is not sure if the provisions already in the City Code would address a situation like that or whether the ordinance needs to be more specific about blade size,et cetera. Leskinen stated the question � is what makes it ornamental. Leskinen asked if it is only the fact that it does not generate electricity. Gaffron stated they could do it as an accessory structure,but that he can imagine the types of things that could go up. Gaffron indicated he has a sense of what the Planning Commission is thinking as it relates to ornamental wind devices and that they can come back to this one if the Planning Commission would like. Gaffron stated as it relates to residential WECS,the e�cisting code section identifies three distinct levels of WECS based on generating capacity: 10 kW residential wind turbine, 100 kW small wind turbine, and 100 kW utility wind turbine. Gaffron indicated residential wind turbines in many ordinances are the only WECS allowed in residential zoning districts regardless of lot size,height,or setbacks. In some � ordinances, small wind turbines are allowed in residential districts. cC � Residential wind turbines with 10 kW capacity are primazily designed to provide power to a single � residence,while small wind turbines with 100 kW might serve a single business or a group of homes. � Gaffron noted utility wind turbines are primarily designed as electric power generators for utility systems or wholesale power markets. The MPCA model ordinance defines something called Micro-WECS,which is a wind turbine with a generating capacity of 2 kW or less and mounted on a tower of 70 feet or less. Gaffron stated the wind turbine on Rest Point would fit into that category. ` Gaffron stated as eneratin ca aci increases,the size and required height of a WECS will increase. � g g P tY � The efficiency of a WECS relies on a wide variety of factors,not the least of which is sustained, �. unobstructed winds,which results in the need for greater heights and placement in open spaces and � creates increased visibility. � Gaffron noted the majority of Orono property is zoned for residential purposes,and approximately half of � the City's land area is within the designated Shoreland Overlay District. Orono's commercial and industrial districts are limited in land area. The Navarre commercial area is almost completely within the Shoreland Overlay District, and a majority of the commercially zoned properties abut or are directly Page 4 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. across a road from residentially-zoned property. In the Highway 12 commercial areas,the same proximity to residential zoning is found. Certain properties in the Orono industrial park on Highway 12 may be the exception, being surrounded by non-residential uses. Questions to be answered related to residential versus nonresidential WECS are as follows: 1. Is there a desire on the part of the City or its residents to allow WECS of greater than 10 kW capacity within residential zoning districts? 2. Is there a desire to allow WECS of any generating capacity within commercial or industrial districts within Orono? Is there a known demand for such use? 3. Are the visual aspects of WECS a significant factor in whether WECS should be allowed in commerciaUindustrial areas? Leskinen stated she would be opposed to having any WECS in a residential area that is greater than the 10 kW capacity. Leskinen indicated she likes some of the recommendations that were proposed previously in 2013 and that it is her belief there was a maximum of 10 kW capacity included in that draft ordinance. � Gaffron indicated it was included in the 2013 draft ordinance. ... V Leskinen stated she cannot see a reasonable need for anything larger than that as an accessory use and that � if something larger is allowed,there would need to be a higher level of scrutiny. � Schoenzeit asked if someone with ten acres would be allowed to have more than one wind turbine. � C� Gaffron stated the draft ordinance and many of the other city ordinances only allows one per property. \J Landgraver stated his answer would be no to the first question since there has been no demonstrable demand for it. Landgraver stated to his recollection the reason why the Planning Commission was �' circumspect about Questions 2 and 3 was that they could not envision it and that they would like to see a � formal plan before allowing or not allowing it. � Thiesse asked if there should be a minimum size. Thiesse indicated he is not interested in allowing a � micro-WECS or something that would only power a microwave given the possible impacts to the �- neighboring properties. Schoenzeit stated if you look at who is sponsoring that ordinance,the micro-WECS may turn out to be more like a small dish antenna,which state law allows everyone to have one and would trump any city code. Leskinen stated she is less inclined to look for a minimum only because in the other aspects of the ordinance those potential issues will be addressed. Leskinen stated she would like to allow it on a residential property that is large enough to handle it without having any impact on the neighbors. Leskinen stated once there is an impact off the property,then it becomes an issue. Page 5 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Schoenzeit stated there could also be some minimum performance standards, which would help prevent nonworking wind turbines. Thiesse pointed out there are minimum manufacturer performance standards that will not provide much electricity but still cause issues. Landgraver stated of all the municipality ordinances,none of them has adopted anything like that and the only group advocating that is the MPCA model ordinance. Leskinen asked if Commissioner Thiesse would like to have minimum performance standards to prevent a nuisance. � Thiesse stated if someone is going to install a wind turbine, it should create a fair amount of electricity. Lemke questioned whether that would require the City to calibrate everyone's wind turbine to ensure it is running correctly. Gaf�'ron asked if the Planning Commission would like to see wind turbines in a commercial district and whether they should be an accessory use or a conditional use. ` Landgraver stated his personal opinion would be to make them a conditional use. � Leskinen indicated she would agree with that. Leskinen noted the City has very few commercial � properties and that they are few and far between but close to residential. Leskinen stated in her view they /� would have to at least be a conditional use to make sure the impacts are minimized or eliminated to a residential areas. v� Gaf�'ron stated at this point he is not getting the impression that anything should be written in the Code to � allow them in commercial areas. Landgraver stated there has been no demand and that they are close to residential neighborhoods. Schoenzeit stated the proper way would be to implement a process to get a conditional use permit for a WECS in a commercial district. � Leskinen asked if there are any disadvantages to making them a conditional use. Gaffron stated some standards would need to be established for commercial districts, such as height, setback and location. Gaffron stated wind turbines located in a commercial area would likely be designed to produce larger amounts of electricity and would need to be higher in height. I �• Gaffron stated as it relates to height, setback, and location standards,the Planning Commission's V' � recommendation in November of 2013 was to limit WECS as follows: � -Only allow WECS in the RR-lA and RR-1B,2-acre and 5-acre Rural Residential zones. � -Not allow WECS in the Shoreland Overlay District,nor in wetlands or floodplains. -Minimum lot size of 10 acres(gross acreage) � -A minimum setback to any property line of 300 feet. Page 6 of 21 � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. -Must be located within 150 feet of the principal structure. -Hub height maaLimum of 30 feet,blade length maximum of 15 feet, and a maximum total height of 45 feet. Gaffron noted Medina is the only city that has a setback of 300 feet. Gaffron stated a square 10-acre lot is 660' x660'. The 300-foot setback standard places the WECS in the extreme center of the lot. Many lots of ten acres or larger may be narrower than 600 feet and would not be able to locate a WECS on the site. Gaffron stated a number of the cities had picked five acres as the minimum lot size. A review of other cities' standards suggests there is little uniformity as to whether or what size of property should be required for a WECS. The setback requirement most common is 1 to 1.5 times the total height of the WECS. . Per Orono Code Section 78-1378, in all districts antennas may not exceed 20 feet in height as an allowed �/ accessory use. The City allows ham radio towers/antennas to be up to 65 feet in combined height via a � conditional use permit. Per Section 78-1433,no accessory structures or buildings may exceed 30 feet in � height and may not exceed the height of the principal building. T'his pertains to items such as light poles � and flagpoles. A WECS with a height of 45 feet would be an exception to the accessory structure standard and would have to be defined as such. A 45-foot maximum WECS height is likely to be limiting from the perspective of optimizing wind resource conditions. That places it below the typical tree line. WECS height limits vary widely among the municipal codes reviewed,based on the zoning district,the generating capacity of the WECS,the lot � size,or a combination of these factors. For a 10 kW WECS,Brooklyn Park and Delano limit the height � to 20 feet above the roofline of the principle structure. Medina and Plymouth limit the 10 kW WECS to � 50 feet above grade. Other cities and model ordinances suggest height limits of 125 feet or greater are O appropriate, and the Distributed Wind Energy Association as an industry advocate suggests a minimum hub height of 60 feet. Gaffron stated the Planning Commission should also discuss flicker from the wind turbine and noted that the majority of the city ordinances do not cover that. In addition,the Planning Commission should discuss whether there is any desire to allow for distribution of electricity outside the properiy on which `� the WECS is located. h � The Planning Commission should consider the following questions: � 1. Is the 10-acre lot size minimum an appropriate standard to establish? 2. Given the wide range of standards established for maximum height of WECS and assuming there is no desire to allow for WECS with generating capacity greater than 10 kW, is the 45-foot height limit reasonable? Schoenzeit stated if the height is higher,the flicker may be eliminated on the small lots and could very well make it more functional. Schoenzeit stated limiting the height may have negative impacts rather than improving the situation for the neighbors. Thiesse asked whether he would be allowed one if he has a 10-acre lot but cannot meet a 300-foot setback or whether he could come in for a variance. Page 7 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Gaffron stated a variance in that situation might make more sense rather than meeting the standards for a conditional use permit. Thiesse asked if the City is being too strict if 80 percent of the City's 10-acre lots are unable to meet the setbacks. Gaf�'ron stated it depends on what the City's desired outcome is. If the intent is to allow wind generators � that aze functional,efficient and have no impacts on anyone,there will be a limited number of properties that will be able to meet those standards. Gaffron stated the trade-off might be higher devices. , Thiesse indicated he does not have the technical knowledge to know whether an additional five feet would make it more efficient. Schoenzeit stated it will be very site dependent as well. Schoenzeit stated the actual installation of the wind turbine will also determine whether it will be efficient. � Leskinen stated once the standards are set the variance rocess would make more sense than a � , P � conditional use permit since a variance would be specific to each property. Leskinen stated she would not � allow WECS on any lots that are smaller than ten acres or less than a 300 feet setback. Lemke asked whether the City wants to have 80 percent of the properties that qualify come in for a variance. � Thiesse stated there will probably only be two to three percent of that number that are interested in wind ( energy. � � Landgraver stated ten acres seems reasonable given the setbacks suggested and that he does not see a � reason to change the 45-foot height limit. Landgraver stated the City could look at it again if the City starts to receive a high volume of variance requests. Schoenzeit stated the variance process can be used to review site specific requests and practical difficulties. Leskinen stated in her view that is preriy reasonable if the City is interested in limiting the impacts to the neighbors. Gaffron stated assuming the limitation of 10 kW capacity for allowed WECS,the expectation for the ability to generate excess electrical power to the grid is minimal at best and it would be reasonable to establish a code provision that power generated by the WECS shall be consumed on-site for residential use and not distributed across property lines. Gaffron asked if the Planning Commission is interested in � allowing electrical power outside of the property. � Schoenzeit stated what they should not be able to do is run a line to their neighbors bypassing the grid but that they should be able to hook up to the local utility. � McGrann stated in his view the electricity generated should only be allowed for that property and that he � does not want this to turn into a money making venture. ti � � Page 8 of 21 MINUTES OF THE ORONO PLANNING COMNIISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Schoenzeit noted 10 kW will not generate that much electricity and that the City could require they only connect it to their house and local meter grid but not redistribute it. Thiesse indicated he is in agreement with that. Landgraver asked if there is a reason why those points were not raised in the other model ordinances. Gaffron stated there are a few that specifically prohibit that but that he does not know the answer to that. � Schoenzeit stated that would be the safest way to connect it and that a licensed electrician will need to do O the hookup. � Leskinen asked if there is a risk to someone only feeding their house and not the grid. � M Schoenzeit stated the extra current would not be a problem if it is hooked properly to a person's meter. � Thiesse stated he would recommend allowing a connection to the grid. � Leskinen indicated she would also be agreeable to that. Q Gaffron stated that would also help to eliminate the commercial component to it if they are allowed to connect it to the local utility to offset their electrical use. � Thiesse stated with only one turbine on a property,the electricity generated would be rather minimal. Gaffron stated the way the language is currently drafted,more than one would not be allowed. Gaffron stated he has not seen multiple wind turbines addressed in other city ordinances. Gaffron stated as it relates to accessory use versus conditional use,the Planning Commission had V concluded under the limitations recommended in 2013 that WECS could be listed as an allowed accessory use in the RR-1B and RR-lA districts,and approval would be administrative,with any deviations subject to the variance process. The administrative approval process negates any neighbor input, while the conditional use permit or variance processes each involve neighbor notification and the public hearing � process. � The Planning Commission should consider the following: 1. Should residential WECS be allowed administratively as an accessory use or should they be � allowed only as a conditional use. �� 2. Should any deviations from the standards be subject to the variance process rather than a � conditional use perxnit. � Gaffron stated a number of suggested changes have been incorporated into the 2013 draft ordinance and � that the Planning Commission should review the comparison of various jurisdictions' WECS code � provisions provided in their packet and attempt to answer the questions listed in Staffls memorandum. Page 9 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Leskinen stated she is very comfortable with leaving it with the 10-acre minimum and the 300-foot setback,with the ability for the property owner to apply for a vaziance. �� Landgraver indicated he is in agreement with Chair Leskinen but noted the Planning Commission has not addressed flicker. Leskinen stated she would like to consider adding language from either the Medina or Des Moines ordinances addressing the flicker. Leskinen stated the flicker is the reason that the setback should be 300 feet. Thiesse stated a site specific flicker analysis could be required prior to installation but that the flicker pattern would also change with the seasons. Gaffron stated the proposed ordinance does make a few changes,such as the addition of Item 14 on Page 3 of the draft ordinance. GafFron noted Item 14 states that no WECS shall be installed and operated so as to cause a shadow flicker to fall on or in any existing residential structure. Gaffron stated another way to accomplish that would be to require a shadow flicker report before installation rather than waiting until it is installed. Gaffron noted most cities have not addressed flicker and that in his view a shadow flicker report may be a little more prudent than waiting to see if there is a problem after it is installed. Landgraver stated he likes the language in the Medina ordinance. Landgraver stated if there is not a residential structure nearby,then there would not have to be a report. � T'hiesse stated they could have a combination of the two by requiring the shadow flicker report and keeping the current language in the draft ordinance. Leskinen stated that is a nice combination of both ordinances and that it would also deal with what is �, existing on the neighboring properties. � Schoenzeit stated if the well is there first, it establishes the no build zone for even the neighboring property. Gaffron stated Staff will combine the two sentences into one item that says there needs to be a report showing there will not be flicker. Landgraver stated he is not sure whether shadow flicker is a defined term and that the City Attorney should review that and come up with an appropriate definition for that. Gaffron stated the City Attorney will be reviewing the draft ordinance after tonight's meeting once the recommendations of the Planning Commission are incorporated. Leskinen asked who would be qualified to prepare the flicker report. Gaffron stated that will need to be investigated at this point and further defined. Schoenzeit stated the time of the year the report will cover will also need to be addressed. ,f, Gaf�'ron requested the Planning Commission go back to the discussion on ornamental wind devices. ��r ��r����/ Page 10 of 21 a MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Leskinen noted in another section the maximum blade length was defined and that perhaps a maacimum blade length for ornamental wind devices could help clarify it. Leskinen stated her concern with the ornamental wind device is that it will be too big and will cause flicker. Thiesse suggested a maximum height of 12 feet and a blade length of three feet. Gaffron stated no matter what code is adopted,someone will try to get around it and that he is not sure what the exact standard should be at this point. Gaffron stated the two things that jump out are that there should be no visual or noise impacts. McGrann stated if they allow something that is 12 feet high and not more than four feet in diameter for the blades, someone could come back and request a variance. Thiesse stated to his knowledge there is one in town right now that meets that criteria and is causing problems. Landgraver stated he does not want to be regulating what people put in their garden,but that ten feet sounds kind of large. Landgraver stated on a 10-acre lot a 10-foot high structure would not be but that it could be on some of the lakeshore lots. Landgraver stated he is not sure what the right number is but that ` he would suggest six or eight feet for height and no individual blade over two feet. � T'hiesse stated it could also be used to generate wind in one spot and be ornamental in another spot. Thiesse stated language could also be stated it would be considered ornamental and that it could be dealt with in another section of the ordinance. Gaffron stated the only problem is there will be some things that could be considered an accessory � shucture that only has to be ten feet from a lot line and as high as the principal structure. In that situation there could be impacts. � Landgraver stated some art work or sculpture could exceed those restrictions but that a basketball hoop does not have moveable blades. T'hiesse stated it can be tied to rotating. Gaffron stated he can envision someone creating some art that does not move but yet exceeds those standards. Gaffron stated he will take into account the fact that the Planning Commission is considering a two to three foot diameter blade and a ma�cimum of eight feet high for ornamental wind devices. Gaffron stated the City Attorney may also have a solution. f- Gaffron noted this is a continuation of a public hearing and that the Chair should reopen the public J/ hearing. ��r�'� (� Thiesse asked what size WECS the City does not have control over. Q�, !� Gaffron stated anything over 5000 kW. Page 11 of 21 MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Chair Leskinen opened the public hearing at 7: 41 p.m. Lisa Daniels stated she is the Executive Director of a company called Windustry, a nonprofit company based in Minneapolis,and also the managing partner of the Midwest Wind Energy Center. Daniels stated in her view Staff has done a great job of researching small wind energy systems and presenting the materials tonight. Daniels stated her main concern with the code and the ordinance is regarding safety. Daniels stated safety can be addressed through setbacks and certification. Daniels stated in her view it seems like the 300-foot setback that has been discussed is more going to eliminate any chance of people actually doing this even though more and more people want to have a choice in their electricity and the sources of their electricity. Daniels stated in her view 300 feet might be excessive. Daniels noted any turbine or mechanical piece of equipment has risks of failure involved in its operation, and in order to mitigate the safety concerns,minimum setbacks should be put in place. Daniels indicated she has a 2005 Minnesota wind model ordinance that recommends for noncommercial machines the setback should be equal to or slightly larger than the total height of the structure. 'The Distributed Wind Energy Association version of their model ordinance was less restrictive and states that no part of the wind turbine structure may extend closer than ten feet to any property line. Daniels stated one thing that has not been discussed here is certification. Daniels stated setbacks are one way to deal with potential safety concerns and certification is another. Machines that have been certified have assurances built into them, such as safety,quality,functionality,performance and durability assurances. Daniels stated all turbines come with a third party certification and provide a higher level of confidence for both the consumer and the community. T'he kinds of standards re-enforced by certification are used to qualify machines and are being adapted for wind turbines in terms of incentives,both on a state and a federal basis. Daniels stated whether a piece of machinery would qualify or be eligible for the � federal tax credit would need to pass certification. Daniels indicated this is a guideline that just came out � this month from the IRS. � In addition,the Minnesota Deparhnent of Commerce has guidelines posted online that recommend siting � a tower on a minimum of one acre of land without trees or buildings,which underscores that some of the � properties in Orono might be too small to have a wind turbine. Daniels stated ten acres is sort of on the large side,and if the MN Deparhnent of Commerce is suggesting one-half to one acre, Orono has gone way on the other side of that. �U Daniels stated she was also hoping that the City would allow structures that are higher than 45 feet. Daniels stated a turbine cannot capture a good wind resource unless it is above the trees and that Orono is � essentially making any turbine almost useless if the height is limited to 45 feet. Daniels stated the p turbines also have to be away from local obstacles, including trees. Daniels stated the discussion about �� getting the machine up higher to avoid flicker and avoid noise was on the right track. Daniels stated in order for a machine to be useful,they have to allow it grab the wind, and that she hopes the Planning Commission reconsiders some of these thoughts. Chair Leskinen closed the public hearing at 7:49 p.m. Lemke noted they have regulations in terms of the envelope of the wind turbine but that they do not have anything regulating certification. Page 12 of 21 NIINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. Thiesse noted it is in the proposed ordinance but that the Planning Commission did not discuss it. Landgraver thanked Ms. Daniels for her input. Landgraver stated one of the reasons for the Planning Commission to exist is to take industry norms and then try to adapt those to where the community is at or apply them to the community that the City and residents are trying to create. Landgraver stated it is good to get input,but at this point he has not persuaded to change anything. Landgaver noted the City has spent a lot of community resources on this project and that he would like to have something the Council can review. Schoenzeit noted there is the variance process that can be followed if a person can demonstrate practical difficulties or have technical information showing something else. Leskinen stated she is comfortable with the discussion the Planning Commission has had and that she would be willing to forward the draft ordinance on to the City Attorney or City Council once the revisions are made. Gaffron stated Staff will put together some revisions to reflect tonight's discussion, which will then be given to the City Attorney for his review. Gaffron asked whether the Planning Commission would like to see it again prior to it going to the City Council. Leskinen stated she does not see any reason for it to come back to the Planning Commission at this stage, especially since the Planning Commission has already spent a great deal of time on this the first go- around. Schoenzeit moved,McGrann seconded,to direct Staff to incorporate tonight's discussion into the draft ordinance regarding wind energy conversion systems (WECS) for the nezt level of review by the City Attorney and City Council. VOTE: Ayes 6,Nays 0. 3. #15-3704 H EPIN COUNTY PROPERTY SERVICES,3880 S LINE DRIVE, CONDITION SE PERMIT, SITE PLAN REVIEW AND V ANCE,7:54 P.M.— 8:03 P.M. Curtis stated Hennepin County has rated a highway mai ance facility from the properiy located at 3880 Shoreline Drive since 1962. The ility is used ' arily for winter road maintenance. The facility was constructed when the property was zon for mercial purposes and the property was rezoned in the early 1970s to LR-1C. The maintenance f ' ty was allowed to continue as a legal,nonconforming use. The use of the property today is cons' red a blic service structure which is allowed through a conditional use permit. An expansion change to the isting use or structure on the property requires a conditional use permit. The applicant is requestin conditional use permit and comme 'al site plan review to allow a 3,200 square foot addition o e north side of the existing building. The operty is currently at 47 percent hardcover where 3 ercent is permitted. The addition will result in n structural hardcover to be converted to s ctural hardcover which requires a hardcover variance. At 4'7 percent hardcover,the property exceeds the Tier 3 hardcover limit of 35 pe ent. The proposed addition will be constructed over existing hardcover and will not result in an increase.-The change from nonstructural hardcover to structural hardcover technically requires approval of a hardcover variance. Page 13 of 21 n Council Exhibit D Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Ezpires: NA To: Chair Leskinen and Planning Commission Jessica Loftus, City Administrato From: Mike Gaffron, Senior Planner Date: January 16, 2015 Subject: #14-3700 Amendment of Zoning Code Chapter 78: Amend Section 78-1379 - Small Wind Energy Conversion Systems(SWECS) Application Summary Pursuant to the moratorium enacted by the Council on October 27, the City is conducting a study for the purpose of considering amendments to the Zoning Code to address the use of SWECS. The intent of the study is to: - refine the existing definitions related to WECS and SWECS; - establish standards and procedures by which the location, design, installation and operation of SWECS shall be regulated within the City; and - determine whether SWECS should be allowed in commerciaUindustrial districts as well as residential districts. List of Ezhibits A- Table- Comparison of Various Codes and Ordinances B - Draft Planning Commission Minutes 11/16/2014 C -Draft Orono Code for Discussion D - PC Memo dated 11/13/2014 E- Municipal and Model Ordinance Examples At its November 16 meeting the Planning Commission held a public hearing to receive public input regarding Small Wind Energy Conversion Systems. Please review the draft minutes of that meeting (Ezhibit B). Peter Lanpher, an Orono resident who lives adjacent to a property that contains a SWECS, showed video of the impacts of the SWECS on his enjoyment of his property. Planning Commission tabled the discussion for further consideration. Decision Points There are a number of decisions that must be made in order to craft an ordinance that meets the City's desired outcome. The items to be considered are listed below in the form of a series of questions to be answered. As a resource to help in reaching those answers, staff has provided a table (Ezhibit A) that compares key WECS parameters contained in existing or model ordinances from various sources. 14-3700 SWECS January 16,2015 Page 2 Questions for Consideration 1. Ornamental Wind Turbines and Definition Issues. The existing Alternative Energy Systems ordinance specifically bans the use of WECS or Wind Energy Conversion S s• t�ms (emphasis added), but apparently does not ban the installation of wind turbines that are not connected to electrical feeder lines or associated controls, i.e. that are not part of an electricity generation or distribution s sv tem. The existing Orono code definitions relative to this question are as follows: WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. RESIDENTIAL WIND TURBINE. A wind turbine of 10 kilowatt (kW) nameplate generating capacity or less. SMALL WIND TURBINE. A wind turbine of 100 kW nameplate generating capacity or less. UTILITY WIND TURBINE. A wind turbine of more than 100 kW nameplate generating capacity. WIND ENERGY CONVERSION SYSTEM (WECS). An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. The existing code section banning WECS states: (� Wind energy conversion systems. Wind energy conversion systems are not an allowed use or structure within any zoning districts in the city. The question has been raised as to whether a purely decorative or ornamental wind turbine or wind device functionally has the same potential aesthetic impacts as one that is part of a system. Assuming WECS will be allowed subject to defined standards, item (� will be removed from the code and replaced with those defined standards. If ornamental wind turbines are allowed, this should be spelled out in the code. The following language found in some other cities' codes may be useful: "Ornamental Wind Devices. Ornamental wind devices that are not a WECS shall be exempt from the provisions of this section and shall conform to other applicable provisions of this Chapter and the City Code." Staff is also suggesting that the definition terminology be revised so that the terms "Residential Wind Turbine", "Small Wind Turbine" and "Utility Wind Turbine" be revised to be listed as "Residential WECS", "Small WECS" and "Utility WECS", since their intended meanings relate to the complete system,not just the turbine. Also, it my be appropriate to include language in the code that acknowledges that WECs of 5,000 kW nameplate capacity or greater are regulated by the State and not subject to this ordinance. 14-3700 SWECS January 16,2015 Page 3 Questions to be answered: a. Should the installation of purely ornamental wind turbines be allowed? b. If so, what standards should be applicable to their installation? - Should they be allowed only if they are non-functional, i.e. blades don't rotate? - Should they be allowed if they contain a light or are illuminated by a separate light source? - Should they be treated as accessory structures or signage and subject to the pertinent standards for such uses? 2. Residential vs Non-residential WECS. The existing code in the definitions section identifies three distinct levels of WECS based on generating capacity: < 10 kW: Residential Wind Turbine < 100 kW: Small Wind Turbine > 100 kW: Utility Wind Turbine These capacity range designations are identical to those used in most other municipal ordinances reviewed. � Residential Wind Turbines (<10 kW generating capacity) in many ordinances are the only WECS allowed in residential zoning districts, regardless of lot size, WECS height or setbacks. In some ordinances, Small Wind Turbines (< 100 kV� are allowed in residential districts. The MPCA model ordinance additionally defines "Micro-WECS" as those with a nameplate generating capacity of 2 kW or less, mounted on a tower of 70 feet or less. None of the municipal ordinances reviewed has included this category. The wind turbine erected in the Rest Point neighborhood would fall into this category. Residential Wind Turbines are primarily designed to provide power to a single residence, while Sma11 Wind Turbines might serve a single business or a group of homes. Utility Wind Turbines are primarily designed as electric power generators for utility systems or wholesale power markets. Typical residential home electricity consumption in Minnesota (per the US Energy Information Administration) is about 800 kilowatt hours (kWh) per month, or 25-30 kWh per day. (One kWh = 1,000 Watts for a one-hour period). A 10 kW wind generator operating continuously at full capacity might light as many as 60 150-watt light bulbs. A 1.5 kW `Micro-WECS' might operate one 1500-watt microwave oven. As generating capacity increases, the size and required height of a WECS will increase. The efficiency of a WECS relies on a wide variety of factors, not the least of which is sustained, unobstructed winds, which results in the need for greater heights and siting in � open spaces,thus increased visibility. The majority of Orono property is zoned for residential purposes, and approximately half of the City's land area is within the designated Shoreland Overlay District. Orono's commercial and industrial districts are limited in land area. The Navarre commercial area 14-3700 SWECS January 16,2015 Page 4 is almost completely within the Shoreland Overlay District, and a majority of the commercially zoned properties abut or are directly across a road from residentially-zoned property. In the Highway 12 commercial areas, the same proximity to residential zoning is found. Certain properties in the Orono Industrial Park on Highway 12 may be the exception,being surrounded by non-residential uses. Questions to be answered: a. Is there a desire on the part of the City or its residents to allow WECS of greater than 10 kW capacity within residential zoning districts? b. Is there a desire to allow WECS of any generating capacity within commercial or industrial districts within Orono? Is there a known demand for such use? c. Are the visual aspects and visual impacts of WECS a significant factor in whether WECS should be allowed in commerciaUindustrial areas? 3. Height, Setback, Location Standards. The Planning Commission recommendation in November 2013 was to limit WECS as follows: - only allowed in the RR-1 A and RR-1 B, 2-acre and 5-acre Rural Residential zones - not allowed in the Shoreland Overlay District, nor in wetlands or floodplains - minimum lot size of 10 acres (gross acreage) - setback to any property line of minimuxn 300 feet - must be within 150 feet of principal structure - hub height maximum 30',blade length maximum 15'; maximum total height 45' A few observations regarding these standards: A square 10-acre lot is 660' x 660'; the 300' setback standard places the WECS in the extreme center of the lot. Many lots of 10 acres or larger may be narrower than 600' and would not be able to locate a WECS on the site. A review of other cities' standards reveals that there is little uniformity as to whether or what size of property should be required for a WECS. The setback requirement most common is 1 to 1.5 times the total height of the WECS. Per Orono Code Section 78-1378, in all districts, antennas may not exceed 20' in height as an allowed accessory use; the City allows ham radio towers/antennas to be up to 65' in combined height via a CUP. Per Section 78-1433, no accessory structures or buildings may exceed 30' in height and may not exceed the height of the principal building. This pertains to items such as light poles and flagpoles, for example. A WECS with height of 45' would be an exception to the accessory structure standard, and would have to be defined as such. 14-3700 SWECS January 16,2015 Page 5 A 45' m�imum WECS height is likely to be limiting from the perspective of optimizing wind resource conditions. That places it below the typical tree line (but makes it less visible). WECS height limits vary widely among the municipal codes reviewed,based on the zoning district, the generating capacity of the WECS,the lot size, or a combination of these factors. For a 10 kW WECS, Brooklyn Park and Delano limit the height to 20' above the roofline of the principle structure; Medina and Plymouth limit the 10 kW WECS to 50' above grade; other cities and model ordinances suggest height limits of 125' or greater are appropriate; and the Distributed Wind Energy Association as an industry advocate suggests a minimum hub height of 60 feet. Questions to be answered: a. Is the 10-acre lot size minimum an appropriate standazd to establish? b. Given the wide range of standards established for maximum height of WECS, and assuming there is no desire to a11ow for WECS with generating capacity greater than 10 kW, is the 45' height limit reasonable? 4. Residential Use. Assuming the limitation of 10 kW capacity for allowed WECS, the expectation for the ability to generate excess electrical power to the `grid' is minimal at best. It would be reasonable to establish a code provision that power generated by the WECS shall be consumed on-site for residential use and not distributed across property lines. Questions to be answered: a. Is there any desire to a11ow for distribution of electricity outside the property on which the WECS is located? 5. Accessorv Use vs Conditional Use. Planning Commission had concluded that under the limitations recommended in 2013, WECS could be listed as an allowed accessory use in the RR-1 B and RR-1 A districts, and approval would be administrative, with any deviations subject to the variance process. The administrative approval process negates any neighbor input, while the CUP or variance processes each involve neighbor notification and the public hearing process. Questions to be answered: a. Should Residential WECS be allowed administratively as an accessory use, or should they be allowed only as a Conditional Use? b. Should any deviations from the standards be subject to the variance process rather than a CUP? 143700 SWECS January 16,2015 Page 6 Staff Recommendation A number of suggested changes have been incorporated into the 2013 draft ordinance (definitions and text) attached as Ezhibit C. Planning Commission should review the comparison of various jurisdictions' WECS code provisions in the table attached as Ezhibit A. Copies of the ordinances referenced in the table are attached in Ezhibit E. Planning Commission may also wish to refer to the variety of regulatory and industry-generated literature that was contained in your November 2014 packet. Answers to the questions listed throughout this memo will assist staff in creating a final draft of a WECS ordinance for consideration by the City Council. PC ExhibitA Comparison of Selected WECS Standards contained in Various City Codes and Model Ordinances MPG 1-15-2015 WECS Standards Height Limitations* Setbacks Jurisdiction/Source Minimum Lot Size Ma�c Capacity Shadow Flicker Other Freestanding Rooftop Lot Lines Other Orono Draft 2013 Max hub height 30'; max blade Not permitted 300 feet Must be within 150' of 10 acres minimum. 10 kW-Only Not addressed length 15' =45'total the principal structure on Allowed only in RR-1A and RR- Residential Wind the property �g Turbines allowed Woodbury, MN R-1, Urban Reserve Districts: Not permitted Setback equal to hub height R-1 Urban Reserve, R-2 Rural Only Residential Not addressed Deviations from 60' hub height max; up to 120' Estate Districts: 3 acres Wind Turbines (10 standards may be with interim CUP minimum kW)are allowed allowed via lnterim Use R-2 Rural Estate, R-4 Urban R-4 Urban Residential District: Permit residential, B-2 and I-1: 45' 20 acres max hub height; up to 75' max B-2 and I Light industrial: 1.5 with interim CUP acres but not on a lot abutting a residential district Brooklyn Park, MN Utility WT: 100' No setbacks listed -must No minimum listed I and BP districts: No Not addressed Only vertical axis Small WT: 75' meet accessory structure limit residential wind turbines Residential WT: 20'above Residential WT: 15' setbacks? Comml/business are allowed in residential principal structure above roofline of districts: 100 kW zones principal structure Residential districts: 10 kW Lakeville, MN Via Admin. Permit: Limited to Same as freestanding, Setback equal to 100% of Admin. Permit: No minimum No limitations listed Not addressed heights allowed in respective but must have min. 30' height of WECS Interim Use Permit: Must be at zoning district blade clearance to top least 2.5 acres Via lnterim Use Permit: Lesser of structure of: 1) 175'or 2) equivalent of distance to the property line North St. Paul Must comply with Must meet'all current Horiz. axis: Setback equal to Not allowed in front yard No minimum listed 100 kW max in all Not addressed `Communications Structures' building standards' 100% of height of WECS nor in side yard of corner zoning districts standard of underlying zoning Vert. axis: Must meet side lot district; up to 75' max with CUP and rear setbacks of zoning Lowest point of blade must be district at least 12'above ground Medina, MN Residentially zoned: 50' max Ground to top of Residentially-zoned: 300', Must be within 150' of a Residentially zoned: 20 acres Residential Shadow flicker report Non-residential zone: 200' max WECS: same as but 750' if WECS exceeds structure on residentially Non-residential zones: 2 acres zones:10kW required, summarizing but 2-10 acres: 50 feet max freestanding 50' in height zoned property Non-residential the amount of time 10-20 acres: 120 feet max Non-residential zones: 100' zones: 100 kW which shadow flicker will 20+ acres:200' max but 300' if WECS exceeds impact neighboring 50' in height property Delano, MN < 100kw: Max height no See at left < 100kw: No less than No minimum listed Residential zones: 10 Not addressed greater than 150' but limited to 120% of height of WECS kW (allowed as 0.83 x actual setback from lot accessory use) lines < 10kw: At least equal to All zones: 100 kW < 10kw: 20' above roofline of 100%of height of WECS allowed via CUP principle structure Ind Districts: >100 kW requires CUP Brainerd, MN Max height 150'. 15' above highest point Setback equal to 100% of Not allowed in required 5.0 acres minimum Residential Districts: Not addressed of roof height of WECS and must front, side or rear vard, 100 kW(Small Wind) meet required principal and not any part within building setbacks(front, 10' of a lot line rear, sides) Plymouth, MN 50' above grade at base of 15' above highest point Setback equal to 100°/a of From habitable structure, No minimum requirement No maximum listed Not addressed tower of roof height of WECS rec facility, lakes, Lowest point of blade must be wetlands, ponds- at least 30' above ground setback equal to height of W ECS Mahtomedi, MN Max height 125' Not addressed Setback equal to 100% of No minimum lot size 40 kW max; Not addressed WECS only allowed via height of WECS CUP and only allowed in Public Building zoning District Des Moines MAC Lot size 1-3 acres: 65' 10' above point of 150% of total system height Min lot size: 1 acre Residential zones: 15 May not cause shadow Model Ord. Lot size 3-7 acres: 80' attachment to building kW max flicker on an existing (and must be set back Comm'I/Ind zones: residential structure Lot size > 7 acres: 100' 10 from edge of building) 100 kW MPCA Model 125' in Residential districts, 110% of total system height, No minimum listed -"up to Commercial: >100 Not addressed Ordinance 200' in industrial districts or total height of WECS plus individual city" kW 10 feet Non-commercial: < 100 kW Micro: <2 kW and< 70' high Distributed Wind No max height limit except per Min: must be at least Min setback to lot lines = Min. setback to No minimum requirement All zones: < 100 kW Not Addressed Energy Association FAA and no less than 1:1 per 30' above all nearby local ordinance reqmt. but neighboring inhabited Non-Residential: Model Ordinance required setback; Min. height to obstructions including not to exceed height of dwelling equal to height >100 kW hub=60 trees WECS of WECS * To highest possible extension of blades,rotors or similar feature of SWECS NIINUTES OF THE pC Exhibit B ORONO PLANNING COMIVIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. ROLL CALL �� � The Orono Planning Com 'ssion met on the above-mentioned date with th ollowin members resent:� g p �� Chair Denise Leskinen,Co ' sioners Kevin Landgraver,Chad Olso oren Schoenzeit, and John � Thiesse. Representing Staff were ommunity Development Directo Andrew Mack, Senior Planner Michael Gaffron,City Planner Mel ' Curtis,and Recorder Ja ie Young. Mayor Lili McMillan was present. Chair Leskinen called the meeting to order at 6: . ., followed by the Pledge of Allegiance. '�. , CONSENT AGENDA � ,, � � °� *1. APPROVAL OF P G CONIlVIISSION MEE��1G MINUTES OF OCTOBER 20,2014 �� � . Thiesse moved,Scho zeit seconded,to approve the minutes of the Oro o Planning Commission meeting of Octob 20,2014,as submitted. VOTE: Ayes 4,Nays 0,Landg ver Abstained. NEW BUS SS � 2. #143700 CITY OF ORONO,AMENDMENT OF ZONIlVG CODE CHAPTER 78: AMEND SECTION 78-1379 REGARDING SMALL WIND ENERGY CONVERSION SYSTEMS (SWECS),6:35 P.M.—7:17 P.M. Gaffron stated the City Council requested Staff look at the elements of the City Code that talk about wind energy conversion systems. Zoning Code Chapter 78 was adopted approximately one year ago and discusses in specific terms the use of a number of altemative energy conversion systems and specifically bans or prohibits any wind energy conversion systems anywhere in the City. The Code also contains defmitions for those uses. GafFron indicated a lawsuit was subsequently filed by some property owners and interested parties suggesting that state law preempts the City's ordinance that disallows the use of wind energy conversion Page 1 of 35 NIINUTES OF THE ORONO PLANNING COA�VIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. , systems anywhere within the City. Ultimately the District Court granted summary judgment in favor of O the plaintiffs and enjoined the City from enforcin Section 78-1379 be innin on N � g (fl g g ovember 24,2014. �'� � At its October 27 regular meeting,the City Council adopted an interim ordinance enacting an immediate one-year moratorium on small wind energy conversion systems or SWECS. The basis for the moratorium is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(fl,the current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the appropriate locations and conditions under which they may be allowed within the City. T'he moratorium requires a study be done and this is the beginning process of that study. Staff has been directed to immediately begin the process even though the moratorium can last up to a year. Gaffron stated the intent of the study is to refine the existing definitions related to WECS and SWECS;establish standards and procedures by which the location,design,installation and operation of SWECS shall be regulated within the City; and determine whether SWECS should be allowed in commerciaUindustrial districts as well as residential districts. Elements of the study process will include the following: A review of the various types of SWECS and their capabilities and limitations,as well as potential impacts to surrounding properties and uses;a review of various model ordinances and existing ordinances enacted by other local municipalities with regard to SWECS;and consideration of where and under what conditions SWECS should be allowed in Orono. Gaffron stated the 2013 draft also included the following list of potential measures to mitigate the impacts various alternative energy systems could have on neighborhoods: 1. Establishment of the defined types of systems that are allowed or prohibited; 2. Establishment of appropriate locations for each type of alternative energy system to ensure proper location of the systems. T'hose would include the minimum size of the property required and minimum setbacks from property boundaries and/or from offsite residences; 3. Establishment of standard procedures for construction process to minimize impacts of access, materials storage,erosion or other land disturbances,etc.; Page 2 of 35 MINUTES OF THE ORONO PLANNING CONIlVIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. , , . O �I�� 4. Establishment of system design or performance standards that would eliminate the potential for "�""' ) I the impacts noted above, such as standards for height, system size or capacity,physical location in relation to attachment to the ground or to structures, location of associated mechanical equipment, use of screening,visual aesthetics,safety,etc.; 5. Establishment of standards for system abandonment;and 6. Establishment of permit requirements. Gaffron noted the Planning Commission reviewed alternative energy systems in 2013. During that review,the Planning Commission reviewed sample WECS codes from a number of cities. The Minnesota Pollution Control Agency has also generated a model ordinance similar to many others,which suggests the following punch list of items should be included in a WECS ordinance in establishing wind generators located in a residential neighborhood: A. Distinguish between types of wind energy applications B. Define necessary permits C. Identify wind resource standards d. Establish setbacks E. Establish Safety Standards F. Establish Design Standards G. Establish other applicable standards H. Minimize infrastructure impacts The ordinance draft reviewed by the Planning Commission in November of 2013 addressed many of the above elements and avoided or purposely did not address others. The 2013 draft established three types of wind turbines based on the nameplate generating capacity. The draft did not acknowledge that WECS of 5,000 kW capacity or larger are state-regulated. The 2013 draft also indicated that residential wind turbines require a building permit and are allowed as an accessory use in the RR-lA and RR-1B Districts. The draft prohibited them in all other zoning Page 3 of 35 NIIlVUTES OF THE ORONO PLANNING COD�IlVIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. � districts and also prohibited them within the designated Shoreland Overlay District and within floodplains� and wetlands. �� � Because WECS were not allowed in commerciaUindustrial districts,no specific permit requirements were established for that use. Because the use was limited to residential wind turbines and did not include larger WECS,and because of the limitations established on them regarding location, design,etc.,the Planning Commission was comfortable allowing them as an accessory use rather than as a conditional use. The 2013 draft established a variety of setbacks and system location requirements specifically designed for the large-lot areas in which WECS were proposed to be allowed, including the following: 1. Because the minimum lot size was proposed at ten acres, a setback from all property lines of 300 feet was suggested. It is more common in many model ordinances to have a lot line setback of 1.1 to 1.5 times the peak height of the WECS,presumably to have no impact on neighboring properties if the WECS falls over. Such a minimal setback does not take into account other WECS impacts on neighboring properties. 2. The 2013 draft ordinance required that WECS not be installed in a defined front or side street yard. This appears to be common within other cities' ordinances. It did not set a standazd for lakeshore yards because WECS were prohibited in shoreland areas. 3. The draft ordinance required that WECS be located no further than 150 feet from the principal structure to which they are accessory in order to ensure that such facilities are not placed far away from the owner's residence. The draft included a number of safety,design,and operational standards related specifically to Residential Wind Turbines and did not attempt to address standards for Small Wind Turbines,Utility Wind Turbines, nor for any commerciaUindustrial uses. The design standards listed in the draft were intended to minimize impacts to the natural environment as well as to neighboring property owners. Page 4 of 35 1VIINUTES OF THE ORONO PLANNING COIVIlVIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. �:/ The 2013 draft ordinance did not allow for commerciaUindustrial WECS and therefore did not include "I standards for them. Model ordinances suggest differing capacities for residential versus commercial �� � WECS. For instance,the MPCA model defines commercial WECS as equal to or greater than 100 kW and non-commercial as less than 100 kW. Issues for consideration include the following: 1. The intent of this study is to establish standards for Small Wind Energy Conversion Systems (SWECS)as defined by state statute; i.e.,those WECS less than 5,000 kW capacity. 2. The City can establish a wide variety of standards for SWECS that provide for appropriate siting, design,construction, operation, safeTy, and compatibility with surrounding]and uses. The 2013 draft was purposely quite limiting in many respects and should be reviewed to consider whether those standards should be revised. 3. The 2013 draft ordinance may be a useful starting point for review. However,the Planning Commission should be open to talcing into consideration viewpoints from the industry,property owners,and other regulatory agencies in crafting an ordinance that meets the City's goals. 4. The Planning Commission should consider whether SWECS should be an allowed use in commerciaUindustrial districts,and if so,whether they should be subject to different standards than residential SWECS. Gai�'ron stated the Planning Commission should review the informational materials to ensure all issues and concerns are addressed and then suggest any changes to the 2013 draft ordinance they feel are appropriate. Gaffron stated the Planning Commission may choose to table this item to allow for additional consideration. The Planning Commission had no questions for Staff. Chair Leskinen opened the public hearing at 6:50 p.m. Page 5 of 35 1VIINUTES OF THE ORONO PLANNING COMIVIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. �' Peter Lanpher, 1380 Rest Point Road, stated they have 100 feet of lakeshore. Lanpher displayed a pic�iE"r' of their property from the shoreline. Lanpher indicated they are the direct neighbors of an individual who �� .� � has installed four wind turbines on their property,with the three smaller ones currently being in operation. Lanpher stated he is here tonight because he would like to show the Planning Commission the impact this situation has had on their properiy and their lives. Lanpher indicated he has a series of short videos which he will show. Lanpher noted he has given presentations at other planning commissions in other cities so they could have some insight for their policies. Lanpher stated the first video shows the large turbine not spinning but the roof-mounted turbine spinning. Landgraver asked if the sound on the video is the wind or the turbine. Lanpher stated that is probably the wind and not the turbine. Lanpher pointed out the wind turbine that is located 18 inches from their property line down at the shoreline. Lanpher stated there is already an ordinance in place prohibiting structures within the 0-75 foot zone and that the larger turbine is within the 0-75 foot zone as well as one of the smaller generators. Lanpher stated the next video shows the shadows that the wind turbines cause in their house as well as the glare off of the wind turbine. Lanpher sta.ted they have been dealing with that for over four years. Lanpher stated the next video shows the 30-foot turbine and the shadow it creates. The shadow extends across his property over to the opposite neighbor's fence. Our concern is the impact that these have over a longer distance. While the CiTy is looking at a 300-foot setback,that may need to be exarnined,that depending on location and how the sun sets the shadow may extend more than 300 feet. Even if the blades are painted black,there will be a shadow. The next video shows the same 30-foot turbine and the impact it has on the inside of the home. Lanpher noted the shadows and glare does not happen all year long but happens at specific times during the year. Lanpner stated their view from the kitchen and deck is also impacted by the glare coming off of the wind turbine. Page 6 of 35 NIINUTES OF THE ORONO PLANNING COD�VIISSION MEETING ,,� Monday,November 17,2014 C � 7:00 o'clock p.m. � �� Lanpher stated the last video was taken less than two weeks ago and shows the small roof-mounted � turbine. Lanpher pointed out the flicker going through their sunroom into the great room area. Lanpher stated while there are trees in the area,the neighboring house is 30 feet tall and the wind turbine is on top of the roof. Lanpher stated in his view a 300-foot setback is not enough and that the position of the sun at different times during the day needs to be taken into consideration to try to minimize the shadows and glare caused by the wind turbine. Lanpher noted the neighbor three doors up can see the large turbine when it is spinning and he is more than 300 feet away. Lanpher stated the small turbine is also lit up 24/7 with blue lights. Lanpher indicated the wind generator has stopped he and his wife from going down to their boathouse for safety reasons due to the wavering of the wind turbine. Lanpner noted the wind turbine is located too close to the property line. Lanpher stated a new turbine pole was installed earlier this year and that the pole that was lit up with green lights has been taken down. Lanpher noted the next video shows the wind turbine at night all lit up. Lanpher stated the next slide shows the damage that the trees have sustained from the neighbor's trimming in order to accommodate the turbine. Lanpher stated there is also noise associated with the turbines,which is tough to regulate. Lanpher indicated he and his wife have had sleepless nights when the large turbine is in operation and that when the wind gusts,the blades go up or down,and there is noise generated from that as well. Lanpher indicated it is not as noticeable on the smaller turbines but that it is definitely noticeable on the larger one. Lanpher stated the issues that need more scrutiny is the distance from the property line and that the impacts to each property will be different depending on where the sun sets or rises and how it impacts people from a further distance. Lanpher stated in his view the 300-foot setback is not far enough away. Lanpher indicated they have had to endure this situation since September of 2010 and that the situation has escalated even further. Lanpher stated they have had four lawsuits against the adjoining neighbor as a Page 7 of 35 lYIINUTES OF THE ORONO PLANNING COMII�IISSION MEETING -, Monday,November 17,2014 �;: � 7:00 o'clock p.m. \/ O result of trespassing and damage to their property. One of the lawsuits went to the appellate court level �� � and one to the Supreme Court level and that they have not lost a single one. Lanpher stated he and his wife are citizens of Orono and that there are ordinances that need to be enforced. Lanpher stated he understands the City has been dealing with it as best as possible. Chair Leskinen closed the public hearing at 7:10 p.m. Leskinen stated this is not something that will be resolved tonight but that the Planning Commission has a starting point. Leskinen noted considerable effort was spent in 2013 examining this issue. Gaffron recommended the Planning Commission refine the work done in 2013. Sta.fPs recommendation would be to discuss this at the January work session. Gaffron stated in his view the Planning Commission should be able to make a recommendation to the City Council sometime in the spring. Leskinen asked whether the Commissioners feel it would be worthwhile to discuss any of the issues tonight or whether they would be better suited to table it to the January work session to allow a closer review of the materials. Landgraver noted the Planning Commission made a previous recommendation to the City Council which was not adopted. Landgraver asked why the City Council chose not to follow the recornmendation of the Planning Commission. Gaffron stated the City Council at that time was not comfortable allowing wind energy systems at all in the City. Gaffi-on noted the ordinance also addressed other alternative energy systems, such as wood boilers, but did not focus on commercial and industrial uses. Gaffron stated in his view the City will need to discuss some of the other bigger issues associated with wind turbines. Leskinen asked if the parts of the ordinance dealing with wood boilers and other altemative energy systems would remain intact. Gaffron indicated they would unless the Planning Commission or City Council felt changes are needed. Page 8 of 35 MIlVUTES OF TI� ORONO PLANNING COD�INIISSION MEETING Monday,November 17,2014 7:00 o'clock p.m. ,'} �� Schoenzeit stated the ublic com �I�'�'�► p ments received tonight negate the industry's comments regarding v��. flickering, shadows,and glare. Schoenzeit asked if the neighbor has a different location on the � neighboring property that he would fmd acceptable. Lanpher stated he was asked that same question in the early lawsuits and that in his view it is not his area to judge where it should be located. Lanpher noted in 2002,when the neighbors were requesting a variance to add on to their home,the neighbor agreed to no more structure on the property. Lanpher stated the neighboring property is small and that he cannot recommend any location since it would likely be violating hardcover and other setback requirements. Lanpher stated he would refer it back to the City since he does not feel it is his place to dictate the location of it and that this is a City issue and not a personal issue. Schoenzeit stated if it is moved, it could become someone else's issue. Lanpher stated if someone wants a wind turbine on their property, consideration should be based on each properiy individually. Lanpher stated in his view you cannot have them on properties that are two acres or less given the impacts it will have on the neighbors. Lanpher stated even if it is restricted to properties ten acres or greater,there still could be potential issues with visual impacts and setbacks given the different times the sun rises and sets. Lanpher noted the commercial wind farm operations are buying out the neighboring properties. Lanpher stated the question still remains as to how far is far enough and that all of the impacts are not all known at this point. Mack noted the work session in January is intended to be the ne�ct discussion point on the various code amendment topics that were discussed at the joint work session. Mack indicated this is one of the ongoing topics that the City will be looking at over the coming year and should be made a priority. Leskinen stated this topic is definitely at the top of the priority list for the work session. Landgraver moved,Schoenzeit seconded,to table Application No. 14-3700,City of Orono, Amendment of Zoning Code Chapter 78: Amend Section 78-1379 Regarding Small Wind Energy Conversion Systems to the January Planning Commission work session. VOTE: Ayes 4,Nays 0. Page 9 of 35 PC Exhibit C A. Ezisting WECS-related Definitions - 78-1379(3)(d): (Suggested revisons are highlighted and in underline/s�i��format) (d) Wind Energy Conversion Systems Definitions HORIZONTA�AXIS WIND TURBINE. A wind turbine design in which the rotor shaft is parallel to the ground and the blades are perpendicular to the ground. HUB. The center of a wind generator rotor, which holds the blades in place and attaches to the shaft. HUB HEIGH7: The distance measured from natural grade to the center of the turbine hub. MONOPOLE TOWER. A tower constructed of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support cables. RESIDENTIAL WIND ��#� ENERGY CONVERSION SYSTEM. A � �e WECS of 10 kilowatt(kW)nameplate generating capacity or less. SMALL WIND ��� ENERGY CONVERSION SYSTEM. A ��e WECS of 100 kW nameplate generating capacity or less. TOTAL HEIGHT: The highest point above natural grade reached by a rotor tip or any other part of a wind turbine. TOWER. A vertical shucture that supports a wind turbine. UTILITY WIND ���� ENERGY CONVERSION SYSTEM. A �� WECS of more than 100 kW nameplate generating capacity. YERTICAL AXIS WIND TURBINE. A type of wind turbine where the main rotor shaft runs vertically. WIND ENERGY CONYERSION SYSTEM (WECS�. An electrical generating facility that consists of a wind turbine, feeder line(s), associated controls and may include a tower. WIND TURBINE. Any piece of electrical generating equipment that converts the kinetic energy of blowing wind into electrical energy through the use of airfoils or similar devices to capture the wind. ORNAMENTAL WIND DEVICE. A decorative structure that appears to mimic the appearance of a wind turbine as to the use of airfoils or other wind-caphuing devices but does not have electrical generating capability. Page 1 of 4 B. November 2013 PC Recommended WECS Ordinance Tezt (Not adopted) (Suggested revisons are high6ghted and in underline/st��format) � Wind Ener�y Conversion Svstems. (a) Zoning districts. Residential wind turbines in accordance with the standards in this section are permitted accessory uses on lots at least 10 acres in gross area within the RR-1 A and RR-1 B Rural Residential zoning districts. Wind energy conversion systems are not permitted in any other zoning districts. (b) Standards. 1. Number. No more than one wind energy conversion system is permitted per parcel. 2. Height. In the RR-1 A and RR-1 B zoning districts, a m�imum hub height of 30 feet is allowed as a permitted accessory use. 3. Blade length. A maximum blade length of 15 feet is permitted. 4. Clearance. The minimum distance from the ground for the lowest point of a blade or any other moving part shall be 12 feet. 5. Roof mounting. Roof or wall mounted wind turbines aze not permitted. 6. Setbacks. The base of the wind turbine tower sha11 be set back at least 300 feet from a11 property lines. Wind energy conversion systems sha11 not be installed in the front yard of any lot or in the side yard of a corner lot adjacent to a public right-of-way. Wind energy conversion systems shall not be located more than 150 feet from the principal structure on the property. 7. Easements. Wind energy systems shall not encroach on public drainage, utility roadway or trail easements. 8. Noise. Wind energy systems shall comply with Minnesota Pollution Control Agency standards outlined in Minnesota Rules Chapter 7030 at all property lines. 9. Screening. Wind energy conversion systems are exempt from the screening requirements for the district in which they are located. 10. Aesthetics. All portions of the wind energy system shall be a nonreflective surface, with non-obtrusive color, subject to the approval of the City Administrator or his/her designee. Only monopole towers are permitted. The appearance of the turbine, tower and any other related components shall be maintained throughout the life of the wind energy system pursuant to industry standards. Systems shall not be used for displaying any advertising, nor for other uses including but not limited to cell phone antennas, flags, ham radio antennas, etc. Systems shall not be illuminated. Page 2 of 4 11. Feeder lines. The electrical collection system sha11 be placed underground within the interior of each pazcel. 12. Vibration. No wind energy conversion system shall produce vibrations through the ground that are humanly perceptible beyond the property on which it is located. 13. Location. No WECS shall be allowed within the Shoreland Overlay District._WECS shall be setback a distance equal to the hei�ht of the WECS from e�a floodplains pond or e wetland. 14. Shadow Flicker. No WECS shall be installed and onerated so as to cause a shadow flicker to fall on or in anv existing residential structure OR A shadow flicker renort summarizin� the amount of time which shadow flicker will imnact nei borin�pronerty shall be reauired as part of anv_ apnlication for a WECS,permit 15. Ornamental Wind Devices. Ornamental wind devices that are not a WECS sha11 be exemnt from the nrovisions of this section and shall conform to other anvlicable nrovisions of this Chapter and the Citv Code (c) Safety. l. Standards and certification. a. Standards. Wind energy systems sha11 meet minimum standards such as International Electrotechnical Commission (IEC) 61400-2 or the American Wind Energy Association's(AWEA) Sma11 Wind Turbine Performance and Safety Standazd or other standards as determined by the City Administrator or his/her designee. b. Certification. Wind energy systems shall be certified by Underwriters Laboratories, Inc. and the National Renewable Energy Laboratory, the Small Wind Certification Council or other body as determined by the City Administrator or his/her designee. The city reserves the right to deny a building permit for proposed wind energy systems deemed to have inadequate certification or testing for operation in a severe winter climate. c. Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity. 2. Utility connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit. A visible external disconnect must be provided if required by the utility. (d) Abandonment. If the wind energy system remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed to be abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system Page 3 of 4 at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. (e) Permits. A building permit shall be obtained for any wind energy system prior to installation. ffl Residential Use. The power produced from the residential WECS shall only be used for on-site consumution and at no times sha11 electricity be distributed across property lines. Page 4 of 4 PC Exhibit D Date Application Received: NA Date Application Considered as Complete: NA 60-Day Review Period Egpires: NA To: Chair Leskinen and Planning Commission Jessica Loftus, City Administrator From: �or Planner Date: November 13, 2014 Subject: 14-3700 Amendment of Zoning Code Chapter 78: Amend Section 78-1379 Regarding Small Wind Energy Conversion Systems (SWECS) Pertinent Regulations: 1) Orono Zoning Code Chapter 78: Article X. Supplementary Requirements and Restrictions Division 1. Generally. Section'78-1379. Alternative Energy Systems Subsections: (c)Definitions (� Wind Energy Conversion Systems 2) Minnesota Statutes 216F.01: 216F.01 DEFINITIONS. Subdivision 1.Scope. As used in this chapter,the terms defined in section 216E.01 and this section have the meanings given them,unless otherwise provided or indicated by the context or by this section. Subd.2.Large wind energy conversion system or LWECS. "Large wind energy conversion system"or"LWECS"means any combination of WECS with a combined nameplate capacity of 5,000 kilowatts or more. Subd.3.Small wind energy conversion system or SWECS. "Small wind energy conversion system"or"SWECS"means any combination of WECS with a combined nameplate capacity of less than 5,000 kilowatts. Subd.4.Wind energy conversion system or WECS. "Wind energy conversion system" or"WECS"means any device such as a wind charger,windmill,or wind \ turbine and associated faciliries that converts wind energy to electrical energy. r' �� Attachments: v/ Ordinance 125,3`d Series-Interim Ordinance ��'4 �Existing Code Section 78-1379 � �WECS Excerpts from 2013 Draft Ordinance(Not adopted) � ` D - Sample WECS Ordmances 1 -MPCA Model Ordinance �, � 2-Des Moines Metropolitan Advisory Council (MAC)Model Ordinance ` G� 3 -Brainerd,MN ,(� �i 4-Plymouth,MN �` ��� 5 -Delano,MN �Vazious SWECS Informational Materials #14-3700 Amend Section 7&1379 November 13,2014 Page 2 Background The City Council adopted Municipal Zoning Code Section 78-1379 per Ordinance 119 3`a Series on December 9, 2013. Entitled `Alternative Energy Systems', this section included definitions relative to Wind Energy Conversion Systems (WECS), and then established that WECS are not an allowed use anywhere in the City of Orono [78-1379(fl]. A lawsuit was subsequently filed by plaintiffs Go Green Energy, LLC; Micro Wind Advisory Council; and Jay and Kendall Nygard, seeking a declaration that state law preempts the City's ordinance that disallows the use of WECS anywhere within the City. On October 23, 2014 the District Court granted summary judgment in favor of the plaintiffs and enjoined the City from enforcing Section 78-1379(�beginning on November 24,2014. At its October 27 regular meeting, the City Council adopted Ordinance 125, 3`d Series, an Interim Ordinance enacting an immediate one-year moratorium on SWECS. The basis for the moratorium is that there are substantial concerns that without the ability to enforce City Code Section 78-1379(�, the current zoning ordinance provisions do not adequately address issues relating to SWECS, such as the appropriate locations and conditions under which they may be allowed within the City. As a result of these important land use and zoning issues, the City will conduct studies for the purpose of consideration of possible amendments to the Zoning Code to address the issues conceming SWECS. While the moratorium can last up to a year, staff has been directed to immediately begin the study and review process. Study Intent and Process The intent of the study is to: - refine the existing definitions related to WECS and SWECS; - establish standards and procedures by which the location, design, installation and operation of SWECS sha11 be regulated within the City; and - determine whether SWECS should be allowed in commerciaUindustrial districts as well as residential districts. Elements of the study process will include the following; - Review of the various types of SWECS and their capabilities and limitations, as well as potential impacts to surrounding properties and uses. - Review of various model ordinances and existing ordinances enacted by local municipalities with regard to SWECS. - Consideration of where and under what conditions SWECS should be allowed in Orono. During the Planning Commission's review of alternative energy systems in 2013, a listing of goals to be achieved was considered. That listing was as follows: Goals for Alternative Energy Systems Regulation Based on reviewing a variety of other cities' ordinances as well as a few model ordinances published by various entities, it may be worthwhile to start our discussion by establishing a list of overarching goals for regulating alternative energy systems. The following list should be considered as a starting point: . #14-3700 Amend Section 78-1379 November 13,2014 Page 3 1) Encourage the use of alternative energy systems that have a positive impact on energy production and conservation while not having an adverse impact on the community. - 2) Define in detail the various types and elements of alternative energy systems to minimize any lack of clarity as to what systems are being regulated. 3) Establish for each type of system what potential negative neighborhood impacts might be created by that system, and define appropriate measures for avoiding or minimizing those impacts. Those impacts might include: a. Visual impacts, due to blocking views, color, glare, light in motion such as flickering or blinking, blight on the landscape, lack of maintenance, etc. b. Noise or vibration impacts. c. Impacts from heat emissions. d. Environmental impacts from waste materials or leakages. e. Impacts of construction/installation process f. Impacts of ongoing associated activity (such as frequent activity for maintenance purposes, for example) g. Impacts to wildlife In reviewing the potential neighborhood impacts of various alternative energy systems, the following list of potential measures to mitigate or avoid impacts was considered: - Establishment of the defined types of systems that are allowed or prohibited - Establishment of appropriate locations for each type of alternative energy system to ensure that negative impacts to the community aze minimized or avoided. Address location in terms of: a. allowed or prohibited locations in terms of zoning districts or other demarcation, such as within easements or wetland areas; b. minimum size of property; c. minimum setbacks from property boundaries, and/or from offsite residences - Establishment of standard procedures for construction process to minimize impacts of access,materials storage, erosion or other land disturbance, etc. - Establishment of system design or performance standards that would eliminate the potential for the impacts noted above, such as standards for height, system size or capacity, physical location in relation to attachment to the ground or to structures, location of associated mechanical equipment, use of screening, visual aesthetics, safety, etc. - Establishment of standards for system abandonment - Establishment of permit requirements #14-3700 Amend Section 7&1379 November 13,2014 Page 4 The above goals and potential mitigation measures were considered as generally relevant to a11 types of alternative energy systems, including WECS and SWECS. General SWECS Information A variety of background informational material regaxding SWECS will be found in Exhibit E. Model Ordinances During 2013 the Planning Commission reviewed sample WECS codes from Brooklyn Park, Lakeville, North St. Paul, Woodbury and Medina. A variety of model ordinances for regulating SWECS can be found on the web, and there are hundreds of city and county ordinances extant. The Minnesota Pollution Control Agency has generated a model ordinance (see Ezhibit D-1) similar to many others, which suggests the following punchlist of elements that should be included in a WECS ordinance: A. Distinguish between Types of Wind Energy Applications B. Define Necessary Permits C. Identify Wind Resource Standards D. Establish Setbacks E. Establish Safety Standards F. Establish Design Standards G. Establish Other Applicable Standazds H. Minimize Infrastructure Impacts One additional model ordinance and three sample city ordinances are attached as Ezhibits D2 thru D5 to allow a comparison between a variety of perspectives. Analysis of 2013 Draft Ordinance The ordinance draft supported by the Planning Commission in November 2013 addressed many of the above elements, and avoided or purposely didn't address others: - The 2013 draft established 3 types of wind turbines (see Definitions from current code, Ezhibit A) based on the nameplate generating capacity: Residential Wind Turbine - 10 kW or less; Small Wind Turbine - 100 kW or less; Utility Wind Turbine - Greater than 100 kW. Only Residential Wind Turbines would have been allowed if that ordinance had been adopted, and only in the 2-acre and 5-acre. WECS larger than 10 kW would not have been allowed. The draft did not acknowledge that WECS of 5,000 kW capacity or larger aze state-regulated. - The 2013 draft indicated that Residential Wind Turbines require a building permit, and are allowed as an Accessory Use in the RR-lA and RR-1B Districts. The draft prohibited them in all other zoning districts, and also prohibited them within the designated Shoreland Overlay District and within floodplains and wetlands. Because WECS were not allowed in commerciaUindustrial districts, no specific permit requirements were established for that use. Because the use was limited to Residential Wind Turbines and didn't include larger #143700 Amend Section 78-1379 November 13,2014 Page 5 SWECS, and because of the limitations established on them regarding location, design, etc. Planning Commission was comfortable allowing them as an accessory use rather than as a conditional use. - The draft did not attempt to identify wind resources within the City. Although statewide mapping of average annual wind speeds is available for specified heights above ground, local SWECS placement for optimum efficiency is very site specific. Height above buildings and trees for a minimum radius distance is potentially a key factor to take into account for efficiency,but at the same time may result in increased visibility. - The 2013 draft established a variety of setbacks and system location requirements specifically designed for the large-lot areas in which WECS were proposed to be allowed. For example: > Because the minimum lot size was proposed at 10 acres, a setback from all property lines of 300 feet was suggested. It is more common in many model ordinances to have a lot line setback of 1.1 to 1.5 times the peak height of the WECS, presumably to have no impact on neighboring properties if the WECS falls over. Such a minimal setback does not take into account other WECS impacts on neighboring properties. > The 2013 draft ordinance required that WECS not be installed in a defined front or side street yard. This appears to be common within other cities' ordinances. It didn't set a standard for lakeshore yards because WECS were prohibited in Shoreland areas. > The draft ordinance required that WECS be located no further than 150 feet from the principal structure to which they are accessory, in order to ensure that such facilitie� are not placed far away from the owner's residence. - The draft included a number of safety, design and operational standards related specifically to Residential Wind Turbines, and did not attempt to address standards for Small Wind Turbines, Utility Wind Turbines, nor for any commerciaUindustrial uses. The design standards listed in the draft were intended to minimize impacts to the natural environment as well as to neighboring property owners. - While the 2013 draft did address the issue of abandonment, it did not fully address the potential impacts to public infrastructure during the construction process. Definitions The Alternative Energy Ordinance as adopted did include a set of definitions for WECS as well as a figure depicting two typical wind turbine configurations - horizontal axis and vertical axis. In considering an ordinance that would allow SWECS, it may be appropriate to redefine certain terms and the relationship between systems and their components. For example, a wind turbine is one component of a WECS; in order to be a WECS, a number of components must be present. Planning Commission should review the definitions found in the model ordinances. Another example to consider is the variation in the terms used for the various rating capacities for SWECS. Additionally there are terms not included in Orono's ordinance that define certain impacts of SWECS, such as `shadow flicker' that should be considered for inclusion. Another item for consideration is defining the difference between a WECS and an ornamental wind device. #14-3700 Amend Section 78-1379 November 13,2014 Page 6 CommerciaVIndustrial WECS The 2013 draft ordinance did not allow for commerciaUindustrial WECS and therefore did not include standards for them. Model ordinances suggest differing capacities for residential versus commercial WECS. For instance, the MPCA model defines commercial WECS as equal to or greater than 100 kW and non-commercial as less than 100 kW. The MAC model suggests that SWECS for residential use would not exceed 15 kW and for commercial would be a maximum of 100 kW. A key point for Planning Commission to consider is whether Orono's limited commercial districts should allow for WECS or SWECS. Except for the Highway 12 corridor,virtually all of Orono's commercial areas are within the designated Shoreland Overlay District, including Navarre and the B-2 marina zones. The few Orono commercial sites along Wayzata Boulevard and the 40 acre Industrial Park are the only non-residential azeas of Orono that are not in the Shoreland. Consideration should also be given to the potential purposes of WECS or SWECS in a commerciaUindustrial setting - to provide electricity to serve the existing use; to generate excess power for the grid; displayed for sale to potential SWECS customers; or merely as a method of drawing attention to a commercial business. Will any of these uses require a total heiglnt higher than would be found in a Residential SWECS? Issues for Consideration 1) The intent of this study is to establish standards for SWECS as defined by state statute, i.e. those WECS less than 5000 kW capacity. 2) The City can establish a wide variety of standards for SWECS that provide for appropriate siting, design, construction, operation, safety, and compatibility with surrounding land uses. The 2013 draft was purposely quite limiting in many respects, and should be reviewed to consider whether those standards should be revised. 3) The 2013 draft ordinance may be a useful starting point for review; however, Planning Commission should be open to taking into consideration viewpoints from the industry, property owners, and other regulatory agencies in crafting an ordinance that meets the City's goals. 4) Planning Commission should consider whether SWECS should be an allowed use in commerciaUindustrial districts. If so, should they be subject to different standards than residential SWECS? #14-3700 Amend Section 7&1379 November 13,2014 Page 7 Staff Recommendation Planning Comrnission is encouraged to review the attached informational materials. Review and consider whether the listed goals for regulating SWECS are appropriate and suggest any changes. Review the 2013 draft ordinance text and consider whether it addresses all issues and concerns, and whether the methods or standards suggested are appropriate. The 2013 draft should be considered as a work in progress and may need considerable revision. This topic has been published for a public hearing for your November 17 meeting; Planning Commission should hold the public hearing and receive input from the public, and if possible provide comments and recommendations regarding changes to the ordinance draft. Planning Commission may choose to table for additional consideration or forward to Council with recommendations. PC Exhibit E 1-15-2015 PC Eghibit E - WECS Ordinances Referenced in Eghibit A 1. Woodbury, MN 2. Brooklyn Park, MN 3. Lakeville, MN 4. North St. Paul,MN 5. Medina, MN 6. Delano, MN 7. Brainerd, MN 8. Plymouth, MN 9. Mahtomedi, MN 11. Des Moines (Iowa)MAC Model Ordinance 12. MPCA Model Ordinance 13. Distributed Wind Energy Association Model Ordinance Wr�aur2�{ Q � = �� Chapter 24 ZONIIYG Article VI. Sapplementsl Performance Standarda �' ' � Diviaion 5. Akernative Energy Systems 24-401 Scope. This division applies to altemative energy sys[ems in all zoning districts. �, 24-402 Purpoae and intent � iar It is the goal of the city council,as expressed in the Comprehensive Plan,to provide a �"°N0r sustainable quality of life for the city's residents,making careful and effective use of available natural,human and economic resources and ensuring that resources exist to maintain and enhance the quelity of life for future residents. In accordance with that goal,the city fmds that it is in the public interest to encourage altemative energy systems that have a positive impact on enecgy production and conservation while not having an adverse impact on the community. 1O"' Therefore,the purposes of this ordinance include: (a)To promote rather than restrict development of altemative energy sources by removing regulatory barriers and creating a deaz regulatory path for approving altemative energy systems. (b)To create a livable community where development incorporates sustainable design x �,Y elements such as resoutce and energy conservation and use of renewable energy. ,.,• � �� (c)To protect and enhance sir quality,limit the effects of climate change and decrease use of �a fossil fuels. �S �4 L (d)To encourage alternative energy development in locations where the technology is viable and environmental,economic and social impacts can be mi6gated. Altemative Energy Systems Ordinance za-ao3 Defioitions. Plannlny CommJsslon RecommendoNon-Seplember 21.2009 The following words,terms and phreses,when used in this division,shall have the meanings ascribed to them in this section: Accessory means a system dasigned as a secondary use to existing buildings or facilities,wherein the power generated is used primarily for on-site consumption. Alternafrve energy system means a ground source heat pump,wind or soler energy system. \A��--"',7 Buildrng-integrated solar energy system means a solar energy system that is an integral part of a principal or accessory building,rather than a separate mechanical device,replacing or substimting for an architectural or structural component of the building including,but not limited to,photovoltaic or hot water solar systems contained within roofing materials,windows, skylights and awnings. 1 Allemallve Ene►9Y�Or�ea�ce Planning Commlaadon RecommendoNor► AlfemaHve Energy Systems O►�ance P/anning Commba/on RecommendaHon September2l,2009 SepremWr21,2009 Closed loop ground sorvice heat pump system means a system that circulates a heat transfer Hub height means the distance measured from natural grade to the center of the turbine hub. fluid,typically food-grade antifreeu,through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. Monopole tower means a tower consliucted of tapered tubes that fit together symmetrically and are stacked one section on top of another and bolted to a concrete foundation without support Closed loop ground source heat pump system means a system that circulates a heat transfer cables. fluid,typically food-grade antifreeze,flvough pipes or coils buried beneath the land surface or anchored to the bottom in a body of water. Open loop ground source heat pump system means a system that uses groundwater as a heat transfer fluid by drawing groundwater from a well to a heat pump and then dischatging the water Flush-mounted solar energ�system means a roof-mounted system mounted directly abutting over land,directly in a water body or into an injection well. the mof. The pitch of the solaz collector may exceed the pitch of ihe roof up to 5%but shall not be higher than]0 inches above the roof. Passive solar energy system means a system that captures solar light or heat without transfortning it to another form of energy or transferring the energy via a heat exchanger. Grou»d source heat pump system meens a system that uses the relatively constant temperature of the earUi or a body of water to provide heating in the winter and cooling in the Photovoltaic system means a solar energy system that converts solar energy directly into s�nnmer. System components include open or closed loops of pipe,coils or plates;a fluid that electricity. absorbs and transfeis heat;and a heat pump unit that processes heat for use or disperses heat for � coolicig;and an air distribution system. ResrdenNal wind turbine means a wind turbine of 10 kilowatt(kV1�nameplate generating capacity or less. Horizontal ground source heat pump system means a closed loop ground source heat pump system where the loops or coils are installed horizontally in a trench or series of trenches no Smald wind turbine means a wind hubine of l00 kW aameplate generating capacity or less. more than 20 feet below the Iand surface. So[ar energy system means a device or s�uctura]design feature,a substantial purpose of Heat transfer fluid means a non-toxic and food grade fluid such as potable water,aqueous which is to provide daylight for interior lighting or provide for the collection,storage and solutions of propylene glycol not to exceed 20%by weight or aqueous solutions of potassium distribution of solar energy for space heating or cooling,electricity generallon or water heating. acetate not to exceed 20%by weight Total height means the highest point above natural grade reac6ed by a rotor tip or any other Horizontnl axis wind turbine means a wind turbine design in which the mtot shaft is parallel part of a wind turbine. to the ground and die blades are perpendicular to the ground. Tower means a vertical structure that supports a wind dubine. Hub means the center of a wind generator rotor,which holds the blades in place and attaches I to the shaft. - Utiliry wind habine means a wind turbine of more than 100 kW nameplatc generating � capacity. I�lor p�� - Blede —.�Hub Yertical axis wind turbi�means a type of wind turbine where the main mtor shaft runs q� Oerua I � I vertically. �� ��d° � � Vertical ground source heat pump system means a cloxd loop ground source heat pump � � system where the loops or coils ere installed vertically in one or more borings below the land ! � I surface. 9�de L_ �°��� --�--z� R'rnd energy system means an electrical generating facility that consists of a wind turbme, fceder line(s),associated controls and may include a tower. Fbrlmntsl Mds YerUcsl AiAa ���.�� � Wind turbine means any piece of electrical geneiating equipment that converts�e kinetic energy � of blowing wind into electrical energy through the use of a'vfoils or similaz devices to capture the wind. 2 3 AltemaMve Ene►pf'Syshms O►dMonce P/m�nMg Commisslon Recommendalion AHemaNve Ene�9Y��OraNnance P/a�Mng�Commlu(on RecommendaHon Sepfembe�21.2a0➢ Sepiember2i,2009 24-404 Ground source heat pump systema (e)Abandonmera. If the ground sowce heat pump system remains nonfunctional or inoperative for a continuous period of one year,the system shall be deemed to be abandonad and shall (a)Zoning disdicts. Ground source heat pump systems in accordance with the standards in �n��u a p�blic nuisance.The owner shall remove the abandoned systetn at the'u expense this section are allowed as a permitted accessory use in all zoning disiricts. after a demolition pennit hes b�n obtained'm accordance with the following: (b)Standards. (1)The heatpump and any external mechanical equipment shall be removed. (1)System requirements. (2)Pipes or coils below the land surface shall be filled with grout to displace the heat a. Only ciosed loop ground source heat pump systems utilizing heat transfer fluids as t�ansfer fluid. The heat transfer fluid shall be captured and disposed of in accordance defined in Section 24403 are permitted.Open loop ground source heat pump with applicable regulations.The top of the pipe,coil or boring shall be uncovered and systems are not permitted, grouted. b. Ground source heat pwnp systems in public waters may be permitted as an (3)Lake ground source heat pump systems shall be completely removed from the bottom interim conditional use in accordance with Section 24-407 subject to approval of the body of water. from the Minnesota Departrnent of Natural Resources and subject to written consem of all properly owners and/or approval by an association in accordance (� Pe+�r+ts. A building permit end interim conditional use pemit,if required,sha(1 be obtained with its adopted bylaws. for any�ound source 6eat pump system prior to installation.Borings for vertical systems are subject to approval from the Minnesota Department of Public Health. c. Ground soutce heat pump systems in water bodies owned or managed by the CiTy of Woodbury are not penniued. 24-405 Wind energy systems. (2)Setbacks. (a)Zoning districts. Residential wind turbines in accordance with the standards in this a. All components of grotmd source heat pump systems including pumps,borings section are permitted accessory uses on lots at least 3 acres in size in the R-1,Urban Reserve, and loops shall be set back at least 5 feet from interior side lot lines and at least 10 and the R-2,Rural Estate;on lots at least 20 acres in siu in the R-4,Urban Residential zoning feet from rear lot lines. districts;and on lots at least 1.5 acres in size in ihe B-2,General Business,and the I-1,Light Industrial provided the lot does not abut a residential zoning district.Wind energy systems are b. Abov�ground equipment associated with ground source heat pumps shall not be not petmitted ici any other zoning disficts. installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall mcet all required setbacks for the applicable zoning (b)Stnndards. district. (1)Num6er. No more than one wind energy system is permitted per parcel. (3)Easements. Ground source heat pump systems sha]I not encroach on public drainage, utility madway or ttail easements. (2)Height. In the R-1,Urban Reserve,zoning district,a maximum hub height of 60 feet is allowed as a permitted accessory use;additional height,up to 120 feet in total (4)Noise. Ground source heat pump systems shall comply with Minnesota Pollution height,may be permitted as an interim conditional use in accotdance wiU�Section 24- Control Agency standards outlined in Minnesota Rules Chapter 7030. 207. In the R-2,Rural Fstate,R-4,Urban Residentiai,B-2,General Business,and I-1,Light Industrial zoning districts,a maacimum hub height of 45 feet is allowed as a (5)Screening. Ground source heat pwnps are considered mechanical equipment and Pem�itted accessory use. Additional height,up to 75 feet in total height,may be subject to the requirements of Section 24-307(ax10). permitted as an iMerim conditional use in accordance with Section 24207. (6)Deviations. Any deviation from t6e required stsndardy of ffiis ordinance may be (3)Blade Jength. A maximum blade length of 15 feet is permitted. permitted through an interim conditional use permit in accordance with SecHon 24-407. (4)Roojmounting. Roof mounted wind turbines are not permitted. (d)Safety. Ground source heat pumps shall be certified by Underwriters Laboretories,Inc. and maet the requirements of the State Building Code. (5)Setbacks. The base of the wind turbine tower shall be set back from all property tines a distance equal to the hub height. Wind energ,y systems shall not be installed in the 4 5 AMemaHve Eneryy Sysiams O�►ce Plaining Commiaa/on RecanmandaHon A/FemaNve Energy Sysfems Or�nanea PbnMrp Comm(sslon RecommendaMon Seplembs►21,2009 Sepfembe►21.2009 front yard of any lot or in the side yard of a comer lot adjacent to a public right-of- (Z) Utility Conrcection. All grid wnnected systems shall have an agreemem with the local way. utility prior to the issuance of a building permit.A visible external disconnect must be provided if requffed by the urility. (6)Easeme»ts. Wind energy systems shall not encroach on public drainage,utility toadway ot Lrail easements. (e)Abandonment. If the wind energy system remains nonfunctional or inoperative for a cootinuous period of one year,the system shall be deemed to be abandoned and shall constitute a (7)Noise. Wind energy systems shall wmply with Minnesota Pollution Control Agency public nuisance.The owner shall remove the abandoned system at their expense after a demolition standards outlined in Minnesota Rules Chapter 7030 at all property lines. Permrt has been obtained.Removal includes the entire structure including foundations to below natutal grade and transmission equipment (8)Screening. Wind energy systems are exempt from the requirements of Section 24- Permits. A buildin 307(a)(10). �� g permit and interim conditional use permit,if required,shall be obtained for any wind energy system prior to installa6on. (9)Aesthetics. Al]portions of the wind energy system shall be a non-reflective,non- 24-406 Solsr energy systems. obtrusive color,subject to the approval of the Community Development Director.Only monopole towers are permitted. The appearaace of the turbine,tower and any odier (a)Zoning dutrrcts. Solar energy systems in accordance with the standards in this section related components shall be maintained throughout the life of the wind energy system are allowed as a rmitted access use in all wnin disiricts. pursuant to industry standards.Systems shall not be used for displaying azry advertising. � °n' B Systems shall not be illuminatsd. (b)Standards. (10)F'eeder Jines. The electrical collection system shall be placed underground within the interior of each parcel.The collection system may be placed overhead near substations or (1)F�empHon. Passive or building-iMegated solar energy systems are exempt from the points of interconneetion W the electric grid. requirements of this section and shall be regulated as any other building element. (11)Deviations. Any deviation from the required standards of this ordinance may be (2)Minimum Lot Size. In the R-4,Ucban Residential Zoning District,a minimum lot size pennitted thmugh an interim conditional use permit in accordance with Section 24407. of 8,000 square feet is required for ground-mounted solar energy systems. (d)Safety. (3)Height. Roof-mounted solar energy systems shall comply with die maximian height requirements in the applicable zoning district Ground-mounted solar energy systems (1)Standards and Certification. shall not exceed 15 feet in height. a. Standrnds. Wind energ,y systems shal(meet minimum standards such as Intemational Electrotechnical Commission(IEC)61400-2 or the American Wind (4)Location. In residential zoning districts,ground-mounted solar energy systems are Energy Association's(AWEA)Small Wind Turbine Performance and Safety limited to the reaz yazd. In non-residential zoning districts,ground-mounted solaz Standard or other standards as detem�ined by the Community Development energy systems may be petmitted in the&ont yard of any lot or the side yards on Director. comer Iots but shall not encroach in the minimum 20.foot landscaped area adjacent to public rights-of-way. b. Certification. Wind energy systems shall be cettified by Underwriters Laboratories,Inc.and the National Renewable Energy Laboratory,the Small (5)Setbacks. Ground-mounted solar energy systems including any appurtenant Wind Certification Council or other body as detertnined by the Community equipment shall be set back a minimutn of I S feet from all properry lines and a Development Director. The City resetves ffie right to deny a building petmit for minimum of 30 feet&om all dwellings located on adjacent lots. Roof-mounted proposed wind energy systems deemed to have inadequate certification or testing systems shall comply with all building setbacks in the applicable wning district and for operation in a severe winter climate. shall not extend beyond the exterior perimeter of the building on which the system is mounted. c. Maintenance. Wind energy systems shall be maintained under an agreement or contract by the manufacturer or other qualified entity. (6)Roof mounting. Roof-mounted solar collectors shall be flush mounted on pitched roofs. Solar wllectors may be bracket mounted on flat roofs. 6 � AMemaNve EnerDY SY+�em+OrcAnonce Pia�ning Commlas(on RecommendaHon A(tamoHve EnerBY�OrdMance Pla►nMp Commla/on RecanmendoHon Seplember2l.2009 Septe►nber2l,Z009 (7)Easements. Solar energy systems shall not encmach on public drainage,utility roadway or Vail easements. (e)Abandonment. If the solar energy systecn remains nonfunctional or inoperative for a continuous period of one year,the system shal(be deemed to be abandoned and s6all constitute a (8)Screening. Solar energy systems shall be screened&om view to the extent possible public nuisance.The owner shall remove the abandoned system at their expense after a demoliHon without reducing their efficiency,but are exempt from the strict requirements of P��has beeo obtained.Removal includes the entire structiue including transmission equipmeat. Section 24-307(a)(10). Screening may include walls,fences or landscaping. (� Permrts. A building permit and interim conditional use permit,if required,shall be obtained (9)Mmeimum Area. In the R-4,Urban Residential,zonin distric for any solar energy system prior to instatlation. g t,ground-mounted solaz energy systems shall be limited to a maximum atea of 200 square feet In other 24-407 Interim conditional nse permit. residential zoning districts,ground-mounted solar energy systems shall be limited to a maximum area consistent with the accessory shvcture limitations in Section 24- Deviarions to the standards in this division may be permitted as an interim conditional use in 281(b)or no more than 25 percetrt of the rear yard,whichever is less. accordance with Section 24-45. In granting an interim conditional use permit,the city council (l0�lesthedcs. All solar energy systems shall use colors that blend with the color of the sh���nsider the criteria in Sections 24-43 and 24-45 and ihe following additional criteria roof or other structure. Reflection angles from collector surfaces shall be oriented �que to altemative energy systems: away from neighboring windows. Where necessary,screening may be required to (a)T'}���e deviation is required to allow for the improved operation of the altemative address glare. energy system; (1 I)Feeder lines. TLe electrica►collection system shall be placed underground within the i�erior of each patcel.The collection system may be placed overhead near substa5ons or �)T�t the altemative energy system has a nd energy gain; points of interconnection to the elechic grid. (c)That the alternative energy system does not adveraely affect solaz access to adjacent (12)Deviations. Any deviation from the required standards of this ardinance may be proPerties; permitted through an interim conditional use permit in accordance with Section 24-407. (d)'I'hat the alternative energy system complies with all other engineering,building,safety (d)Safety. and fue regulations;and (1)Standm'ds and Certification. (e)That the alternative energy system is found to not have any adverse impacts on the area, including the health,safety and general welfare of occupants o£neighboring properties and users a. Standards. Solat energy systems shall meet the minimum standerds outlined by of public rights-of-way. the Intemational Electrotechnical Commission(IEC),the Ametican Society of Heating,Refrigerating,and Aio-condirioning Engincers(ASHRAE),ASTM 24-408 Interpretation. Intemational,British Standards Inatitution(BSI),Intematioaal Electrotechnica] Commission(IEC),Intcrnational Organizstion for Standardization(ISO), In interpreting this otd'mance and its application,the provisions of these regulations shall be Underwriter's Laboratory(UL),the Solar Rating and Certification Corporation held to be the minimum requitements for the pmtection of public health,safely and general (SRCC)or other standards as detecmined by the Community Development welfare. This ordinance shall be consUued broadly to promote the purposes for which it was Director. �pp�, b. Cerdfication. Solaz energy systems shall be certified by Underwriters 24-409 Conflict. Laboratories,Inc.and the National Renewable Energy Laboratory,the Solar Rating and Certification Coiporation or other body as determined by the This ordinance is not intended to irnerfere with,abmgate or annul any other ordinance,rule Community Development Director. The City reserves the right to deny a building or regulation,statute or other provision of law ea[cept as provided herein. If any provision of this pemut for proposed solar energy systems dcemed to have inadequate certification. o���unposes resfrictions different from any other ordinance,rule or regulation,statute or provision of law,the provision that is more restrictive or imposes lugh standards shall comrol. (2) Utility Connection. All grid connected systems shall have an agreement with the local utility prior to the issuance of a building permit.A visible extemal disconnect must be provided if required by the utility. 8 g A11�ammaM�e E^e►DY SY+�+O� Plarminy Commlaston RecommendaRon A!►emaHve Eneigy Syshma Ordlnance PlanMny Co�mntulon RecomrnendaHon Saptamber2t.2a09 September2l.2009 24-410 Sepsrability. Sec.24132. R-1 arbao reserve district. If any part or provision of this ordinance or its application W any developer or circumstance (b) Permfned uses. Permitted uses are as follows: is judged invalid by any competent jurisdiction,the judgment shall be confined in its operation to the part,provision or application directly involved in the controversy in which the judgment shall • be rendered and shall not affect or impair the validity of the remainder of these regulations or�e � application of them to other developers or circumstances. (c) Permit[ed accessory uses. Permitted accessory uses are as follows: Ground source heat pumo svstems in accordance with Section 24-404 Wind ener¢v systems on lots at least 3 acres in size un to 60 feet in heiaht in accordance with Section 24-405. Solaz enerc.v svstems in accordance with Section 24-406. (e) Height,setback and area requirements: (1) Maximum height:Two and one-half stories or 35 feet,except for silos,grain elevators, �s;water towers,church roofs or spires,etc. (g) Uses by interim condidonal use permit. The following uses are allowed by an interim conditional use pettnit: Wind energv svstems on lots at least 3 acres in siu up to 120 feet in hei¢ht in accordance with Section 24-405. Sec.24-133. R-2 singlo-family estate district. (c) Permitred accessory uses. Permitted acceasory uses are as follows: Ground source heat pump svstems in accordance with Section 24-404 Wind enerev svstems on lou at least 3 acres in size un to 45 feet in hei¢ht in accordance with Section 24-405. So�ar energy systems et�-selar�eA�es in accordance with Section 24-406. (h) Uses by interim conditional use permit. The following uses are allowed by interim conditional use permit: Wind enerev svstems on lots at least 3 acres in siu up to 75 feet in heieht in accordance with Section 24-405. 10 I1 ANemaNve Ene►9Y SY+►ems Wd►nance PlanMng Comml�lOn Recommendallon AMamaNve Errer9Y SYstems O�Wnance PIa�Mng Comm�on Recommendafbn Sepfe►nbe►21,2009 September2l,2009 Sec.24134. R-4 arbao residential district. (e) Interim conditional use,permit The followin¢uses are allowed by interim conditional use germit: (c) Permined accessory uses Permitted accessory uses are as follows: Outdoor temnorarv/seasonal sales or farmer's markets in shopping centers over 100 000 Ground source heat oump svstems in accordance with Secdon 24-404 sauaze feet. Wind enerev svstems on lots at least 20 acres� siu un to 45 feet in heieht in accordance Wind enerav avsums on lots at least 1.5 acres in size up to 75 fcet in heiPht in accordance wrth Section 24-405. with Section 24-405. Solar energy systems an�-selee-s&uelares in accordance with Section 24-406. (fe) Height,setback and area requirements. (e) Interim conditional use permit. The followina uses are allowed bv interim condition�use cermit: Sec.24-138. FD-1 freeway miaed ase district (1) Fazmers'market at the Bielenberg Sports Center. (c) Permitted accessory uses. Permitted accesso uses are as follows: (2) Telecommunications tower as regulated in section 24-313. � Wind enerev svstetns on lots at least 20 acres in size up to 75 feet in 6ei t in C4) Ground source heat pumo svstems ia accordance with Section 24-404 accordance with Section 24-405. (5) Solaz ener¢v svstems in accotdance wiih Secrion 24-406 Sec.24-135. B-1 office psrk district. Sec.24-139. FD-2 freeway transition district. (c) Permitted accessory ures. Permitted accessory uses are as follows: (c) PermiKed rFaccessory uses. :Permitted accessory uses are (1) Exterior. as follows: a. Off-sh�eet parking and loading subject to article VI,division 4 of tFils chapter. b. Signs subject to c6apter 18.5. Ground source heat numn svstems in accordance with Secrion 24-404 c. Electrical generatots. d. Bicycle racks and transit shelters. Solaz ener¢v svstems in accordance with Section 24-406 e. Ground source hent pump svstems in accordance with Section 24-404 f. Solar enerev svstems in accordaace with Section 24-406 5ec.24-140. FD-3 freeway specisl impact district Sec.24-136. B-2 genersl bnsinesa district (d) Permine �4ccessory uses_.• Permitted accessory uses are as follows: (c) Permrtted accessory uses. Perntitted accessory uses are the same as allowed in the B-1 district.In addition,the following are also permitted accessory uses: Ground source heatpumo systems in accordance with Section 24-404 Adult uses[see Code section 11-300 et seq.] Solar enerav svstems in accordance with Section 24-406 Wind enerev svstems on lots at least 1 5 acres in size un to 45 feet in hei¢ht in accordance w�th Secuon 24-405. (d) Uses by conditional use permit. The following uses are allowed by conditional use permit: 12 13 Aliemoflve Ener9Y Syshems Or�nanca Plannt�Commisslon RecommendaMon AlfemaNve Eneryy Syatema Ordlrronce Waminy CommlasMn RecommendaHon Seplember21.2009 Sep/ember2l,2009 Sec.24-141. FD-4 freeway commercial impact districk Sec.24-144. CC city center district (c) Permrtted�4ccessory uses. Permitted accessorv uses are as follows• (c) Permitted accessory uses. Permitted accessory uses ate those existing on April 14, 1971 within the boundaries of the city center.In addition,the following are permitfed accessory (1) Adult uses , uses: (21 Ground source heat putno systems in accordance with Section 24-404 Adult uses. (31 Solaz ener¢v svstems in accordance with Section 24-406 Ground source heat nump svstems in accordance with Section 24-404. Solar enerev svstems in accordance with Section 24-406. Sec.24-142. I-1 light indnetrisl district (c) Permined accessory uses. Permitted accessory uses are as follows: Sec.24-146. MX Mized Uae Overlsy District Ground source heat numo systems in accordance with Section 24 404 (e) Permitted r4accessorv uses. Permitted accessorv uses are as follows: Wind enerev svstems on lots at least 1 5 acres in size up to 45 feet in height in accordance Ground source heat pumn svstems in accordance with Section 24-404. v�nth SecUon 24-405. Solar energy svstems in accordance with Section 24-406. Solaz enerev svstems in accordance with Section 24-406 (el Interim conditional uce nermit The followin¢uses are allowed bv interim conditional use Sec.24-147. MCD,Medical Campas District permit. (c) Permitted accessory uses. Permitted accessory uses are as follows: Wind enerev svstems on lots at least 1 5 acres in size uo to 75 feet in height in accordance w�th Sect�on 24-405. (1) Exterior as an accessory use to the primary use. (fe) Height,setback and area requirements. g. Ground source heat�umn svstems in accocdance with Section 24-404. h. Solaz ener¢v svstems in accordance with Section 24-406. Sec.24-143. BC boainess campas district. (d) Permitted:4ccessory uses. Permiued accesso uses are as follows: Sec.24-271. . Reeerved. Ground source heat oump svstems in accordance with Section 24 404 Solar enerev svstems in acaordance with SecCion 24-406 . Sec.24-283. Height limitatioa and setbacka for certain accesaory structures. (a) Accessory structures such as s�-antennas;or other similaz structures shall be limited to 45 feet in height in all dishicts. Such structures shall be so constructed as to have a minimum setback equal to the height of the strucdue. 14 15 . � g�oc�Yn� P��x ���� � . Exhlbk D ,5"-LS-13 CITY OF BROOKLYN PARK HUB.The center of a wind generator rotor,wlrich holde the blades in place aad att�hes to the ahaft. §152.185 ALT'ERNATIVE ENERGY 5Y3TEMS. HUB SEIIGHT:'Ihe distance measurod&om natural gcade to the xnur of the turbme (A) Scope.SecUions IS 185 through 152.18g apply to elternative energy sysbems in all hnb. zoning dishicte. MONOMILE T01�1q.A Ww�oonshucted of tepered tubea that fit;together (B) Pwpnse mrd tmerrt Tho pwpose mid inteat of this saction ia bo esmbliah standerda md symmehicallq md are stacJced one sxtion on top of anoUier and bolted to a ooacrete foimdetion procefiaes by which tha instelletion a�oParaflon of wind and eolar energy system ehall be without support cables. governed within the dty.The city Snds that it ia in the public i�reat W encourage altemetiva energy systems that have a positive impnct on energy production nnd conservation while not PAS,TIVE SOLAR ENERGYSYSTEbL A having aa advase impnct on the commwrity. traneforming it to another form of en ot transf thart ceptures solar light or heat without a'�' oirlaB the euergy vie a heat excLenger. (G� DeJlnittons.For the purpox of§§152.185 throngh 152•18g tho follovving definitions PSOTOVOZTAICSYSTEM.A soler ener shell apply imlese th�e context cleazly indicates oz requuas a difforort meaning. iMo eledacity. BY��that oomerts aoler�orgy direcfly ACC�SSORY.A system designed as a seoondary use to exiating buildings ar fecilities, R&TIDENTIAL WI1VD TURBIIV�A wind tiabine of bon ldlowatt(kVi�nemeplate whar�ein the power generated is nsed primarily for on-site cons�ption. generatinB oapaaity or less. ALTERNATTVE F.NL�RGYSYSTF.ilL A wind energy conversion ayat�or a solar enagy SMAI.L i{'l1VD TURBINE A wind tuA�ine of 100 kW aameplete geneia8ng cepeaiiy or syetem. leae. BUILDING.INTEGRATED SOLAR ENER(JYSYSTF�A solat enetgy sysbem that is SOL.4R ENERGYSYSTEDL A davica or struct�aal design feature,a subst�tiel putpose an i�pett of a ptincipel or accessory building,rather thea e seperate mxhenical device, of which is to provide dayligLt for iMerior li ght�tg or provide for the collxtion,stotage md reP�ac3u8 w'sui�stit�in6 for an arahitectural or shvcturat componmt of the build'mg inclnding, distribution of solar�for space heating or cooling,elee4icity genaatian or watar heating. but not litnited W,photovoltsic or hot wat�eoler sysb�s co�within roofing mateiials, windows,ekylights and awnings. TOTAL HEIGAT:The highest ponrt ebove nadual gtadc re�hed by e rotor tip or eay other pert of a wind turbine. CL(ASID LOOP GROUND SDURCESEAT PUMP S'YSTEAL A�tha!circulat�d a heat ttaosfer flmd,typicaliy food-grade antifiroeu,through PiPes or coils buried beaeath the TOR'ER A vatical striw�tbst suppotts a wind dubina lead surfnc:e or anchored to the bottom of a body of water. UTTLITY WIND TDRBIIV�A wind Nrbine of moro tfian 100 kW nemaplate ge�eting FLU,rH-MOIIIVTZ'D SOLAR IIVERGYSYSTEM.A roof-mou�sd systam mounted �P�tY• dirxtly ab�tdng the roo£'Ibe pitch of ttue soler collactor may exceed du pitch of the roof ap to 5%birt shall not be lrigher 16en ten inches above tho toof. YERTTC�L AJl7S WIND TURBIIV�A iype of wind habine whero Uro main mtor sheft runa vertically. GROUIVD SOURCESEATPUINPSYSTEAL A system that uxs the nlatively constant tompetature of the ear8�or a body of wffier to pmvide he�ing in the wi�er and cooling in the WIND ENERGYCO1Vi�ERSlONSYSTEM(R'EC,S).An elechica(generating facility summer.3ystem componeam include opan or cloeed loope of Pipe,coils or plabos;fluid thst that consists of a wiad habine,fceda li�(s),eseociated co�rols md may include a Wwer. abeorbs and h�anafa�s heat;and a hest pmmp unit the proceases heat for nse or dispetaoe heat for coolin�aad aa eir dishribution system. WIIVD 771RBI1VE.Any piece of elec�ical geaetsting equipment that comerts the Idnetic �ergy of blowiag wind inbo eleotrical energy thmugh the use of eirfoils or similar devicea to HO1tIZONTAL AJl�S R'I1VD TUBBIN�A wind tiabi�dosign in which tho rotor shaft c�ture the wind. is parallel w the gtonnd and the blades are perpendiculer to the ground. r— p„ . �""„i,• (2) Blade length A meximum blade lmtgth of 15 faet is permitted. p -� �, �'L�.�„�,r .� (3) Setbacke,jor buildtng m�ted A building ar roof mountad vertical axis style .y, WBCS sl�all bo located only on the side or rar rooflines. � ( -_�� (4) Easements. Wind energy systsms shell not encsoach on public dtainage,utility '. a,a, �,, roadway or trail easementa. py,r�y� (5) Rotor clemm�ce. Blade-mros created by the WEC3 ahall have a minimum of 30 fcet of cloarance over any s�uctm�e or tree within s 300 foot radius. Q§152.186 WIIdD ENERGY CONVER4ION 3YSTEM3(WECS)STANDARD3. (6) Feeder tines. The elecuical oollection system ahall be placod imdaground within A Zon9n distrfcts. the im«ior of each pamel.The collection aystem may be placed overhead near aubstationa or � � g paints of irn�ax�mxction to tha electtic grid. (1) Utility wind Gu�bines shall be allowed as an accesso�y use in the I ead BP distcicte. , (� AesdreNcs. All portions of the wind�ergy sysbem ahall be s aonreflective,non- 2 Smell wind turbines shall be allow�as aa aeces uae in ell business diahiate,end oMn�eive coloc,subjeck W the approval of the City Plmma.Only monopole tow�ecs ere paxm{tted. � ) B01'Y The appeerance of the turbine,wwer and any othet rolazed oompone�ehell be mmntsieed non raeidantial uses in commerciei distiicts. fluoughout the llfa of the wind enea'SY aY�Purauant to iadueery smndarda.3ystems ahall not (3) Reside�rtial wind turbmes(only vertical ania etyle permittod)aLall be allowed ea en be�ed for disP�B�Y�'��B,��P�for appliceble wertning and equipment infrnmation acceasory use in all residential dishicts. ���tha menufacn�r or by fadeial,sfabe or local rogulationa.Systeme sball not be (B} Number.No more than one WBCS is allowed per percel. ((}) No1se. Wind energy systams ahell comply with M�ffie.vota Pollution Conhnl Agency � (C� Design sta+da�ds. ' standards,as ouNined in Minn.Rules Chepter 7030,et all propariy llnes. (1) Height The permittcd maximum height of a WECS shall be dctamined on the type (� Screerdng. Wind energy syefems are mcempt f:om the requ'veme�of§152.375. of system praposed. m ��,• (a) Udltty wir+d rurbines.The height of a frea�g WECS locatad in a BP or I (1) Stmdards. Wind e�rgy sy�tems shall meet minimum steadffids such as distrid shall not excoad 100 feet. Intemstional Electrot�chnicel Commisaion(IEC)61400-2 or the Amedcsn Wind Energy Association's(AWF.A)Small Wind'IYabine Performmce and Safety Standard or othar stmidatda (b) Synall wimd turbtnes. The height of a fisestanding WECS locatad in a business es detecmined by the community dovelopn►ent ditector. district shell not exceed 75 foot. (2) Mahrtencuece.Wind energy systems ehall be mai�ined under aa a�eemrnt ar (c) Resid�ential wind turbines. Residential wind t�ubinea can be eitl�buildinB conhnct by the menafacturer or other qualiSal entity. mouated a maximum height of 15 feet abova the roofliae of the ptincipal stracUae;or mom�ted on a tower a m�cimum height of 20 feet above tha roof]ine of the principel�rucdm.Polw must (3) The WEC3 shall be equipped whh both a maaual and en sudomatic bialdng device ba wnnected to the pri�ipel s4udure and caonot be Er�ending.All rosidential wind trabinas capeble of sbopping the WECS operation in high winda. shatl be of the vertical axis atyle. (d) The struchm upon which the propoaed WF.CS is to be mounbed ehell hava the one of the following provisiona: eat�ma�rthorized climbing,WECS towers must comply with shuctmal integtity to catry the waght end wind loads of the RBCS and hsve minimal vi'brehion impects oII the s�re. (8) Tower Climbin$apperetus ehell not be loceted within 12 feet Off the ground. (e) Poles shaU matc6 the color of the principal shucwre. ; A located anti-climb device shell be inatallad an the tower. I (i�) (� Roof mounted WECS shall include detailad plans illuetrating roof construction, mounting techniques and wind load cepecity. (c) Tower capeble of baing climbed shall be enclosed by e locked,protcctive fence at least eight feetlrigh. (Ord.2012-1133,pasaed 3-5-12) (� UHlity connecNon.All grld connected systems ahall heve an egie�nent wlth the local � Q§152.IB7 30LAR EIVERGY 3TANDARDi4. utility prior W tho isauance of a building permit A visible extemal dieconnect must be p�ovidad ��N�bY��tY• ; (A) Solar energy collectton equtpment. (K) Abandomner#. If the w�ind encgy sys0am iemmns nonfimctionnl or inoperative for a (1) Zonin dt,stricts,Soler coMinuous peaiod of one year,the sysbem shell be deemed to be a�ned end shall consdtube a sxtion aro allowed as a �e��������in this public nuieance.The owner shall remove tho abendoned systnm at their exlxnee after a P�� e�1'use in all mning diatricts. demolition permit k�es baen obteined.Removal i�ludas the entire shvct�ae includin8 (2) Exem on: Passive ar buil ' founderiona to below nedual grado end han�iesion aquipmont onts of this extion and shell�-���solar ernrgy eystems ara exempt fmm the requirem regulated ea my other b�ilding olament (I.) Permtb. A bnild'mg pennit s6ell be obtained fot any wind enmgy system prior to (3) SYmrdards. installation. All applications shall be accompanied bq detailad plens aad specificsNons including,but not limited to,the following information: (a) Locartion In raeidential zoainB���,8��d-mounted eolar enarBY� at+e limibed to the reaz yard. In non-residaatial zoning districts,ground-motmted soler en�gy (1) 5ite Plan showu►8: eyeteme may be permitted in the side Y�m�8�Y�n4���§ 152,360. (a) Lot li�s end dimensions. (b) Location aad helght of all buildings,shnch�res,abovo uad utilities and ttees hei ro� Hetght. Roof-mounied solar enagy syetema shell compty with the ma�mum Bro SM ro4uuements in�e appliceble zoaing dis�ict (3round mountod aoler energy systems on the lot,iacluding both exisdng and proposed s�ctures end guy wiras anchors. shsll trot excced 15 foct in height� (c) Locations and haight of all adjacaot buildinge,strucdues,above grou�udlities (c) Setbackc Cim�d-mrnmted soler eneaBY eYstems ehall comP1Y with all accessory and trees locatod within 300 feat of the exteaior boundary of the properiy in quostion. struct�me setbecks in tha hcable app' zonimg district. Itoof-mounted eyatems ahell comply with all build�ng setbecics in the applioable zoning dietrict aad ahall not axtend beyoad the aztetior (d) Existing snd pmpo�d setbacks of all atructures locnted on the property in perimeber of the bailding on which tha system is moimtad. quasMon. (d) Roof mounting. Roof mounbed solar oollxtors shall be flush mounted on pitched Cl) 3celed diawings a�photographic parapeotives accuratalY deP►ctinB the s�e the mofs unless the roof pil�h is detemiined W be inadequate for optimum performnnce of the solar propoaed location of tLe WECS and its rolationslrip to etntcdurs on adjacxnt lats. cnergy system in wlrich caee the pitoh of the solar collector may excad the pitch of the roof up to 5%but in no case shall be lrigher thsn ten inches above the roof. Soler collectrns may be (3) A written certification from a licensed stnx;haal engincer thet the structurc has the btacket-monnted on flat roofs. struch�ral i�egrity bo caay the weight and wind loads of the WF.CS and have minimal n'btatiott impacta on the sh�u�e. (e) F.carements. Solar cnocgy systems sball not eneroech on public d�ainage,utilitp roedway m tisil easaments. �a> An malysis from a licensed eupaxr showing how the WECS eLall be deeigned, conshucbed and operated in cotnplianoe with all applicable federel,state and locallaws.codea, (fl Screening. 3olar e�gy systems ahall be acroeaed Snm view to the extent atendards aad ordinances. possible without impecting theit funcfion. (5) A wrltten xrtification from a licensed en�ncer con&ming thet the WECS is (g) Mcutmurn m�ea In all resideatial districis,ground mowrted solar antrgy systems desig�d to nat cauae electricel,radio 8roquancy,television and other comm�mication sigoel shall be limited to a maximimn ar�of 200 square fect. inberference. I • /�,���� , i . �"Rl�-Y��� �n� AestheNcs. All ao]er onergy aystema ahall be desi�ed to blend i�o tlre �� City of Lakevllle arclribx�tun of the building to�e extent possible without negatively impactiag the paformeax Of Y�SC 9yB�CID 8DQ 1A minimi�r.g]�tOW81Y�S VEJLCIItffi'tr8�1C 8IId flQjflCBII[p1'Of1fOf'hE9. Chapter 29 (i) Feeder lfnes. The electricel cotlection syetem ehell be placed undcrgroimd within ALTERNATNE ENERGY SYSTEMS� the interior of each pamel. The coll�ction aystam may be plaoed averhaed aoar subetations or ' points on interconnection to tha electric g�id. 11,29-1:PURP08E: ; 91-29-3:YYIND ENERGY CONVERSION SYSTEMS IYVECSI: (j) 3tructures ahell not be located such that solar power ac�cess blocl�e neighboring � 11-2i�8:SOLAR ENER6Y SYSIEMS: . 'H-2Y-7:GROUND SOURCE HEAT PUMP SYSTEMS: �°�Y' 11-20-8:HYDRONIC FURNACES: (k) Abandonment. If a solar energy syatsm mmeit►a nonfunctional or inoperative for a continuous period of one year,the system shall be dear►ed to be abendoned and ehall constihrte 11-29-1:PURPOSE:� a public auisence. The owner shall romove the abandoned aystem at their cxpenae after a demolition permit has bxn obtaiaed. Ramoval includes the ontire shucdue including transmissioa equipmeut. sec.81�6-�17 207p)�ter fe to establleh ahmdards for eMemative ene�gy syslaim wHhin tl»dty.(Ord.887, . (1) Permits. A building permit shell be obteined for a¢y solet eaagy system priot to 11,29.7:WIND ENER(iY CONVERSION SYSTEMS(WECS):e insfelletion. A.APP9Gtlon: (Otd.2012-1133,paesed 3-5-12) �.Aec�°°ry u6°: a.Administradve Permi�IraWl�tlon of one wlnd erbrgy oonveAion sysEem tlet corMonne to fhs helpM Ilrnits of tha rospective zoning distrid may be MloMred es a pertNlted acoe�eory uee aubJed to approval of en R§152.188 GROUND 30URCE HEAT PUMP 9YSTEM STANDARDS. edminl�tive permft withln arry mning�ebid of Uro cKy end eubject Eo 1he�egulatla�s end reqWiems�ds of lhls aecdon. (A) Ground souree heat pump syatems. b.I�n uae:InataAetlon ot«is wlnd ene rpy conveislon systam e�esdrp ihe hegAt Mdt af fie re�pecdve (1) Zontng dtatricts. Qround aource heat p�p systems in accordeace with the zonin8 da4tct dthe dty,subJect eo the�on m�iequl �of Mle ohePte►�P►eMded tlie PropeAY staadazds in this sedion are allowed ee a permitted aocessary use in all aoning disRicts. d�t��and nalrMalned mned e�iadWrel,comnxnisl,trMueMd o�Publlo�open speoe �Y P��of et leeet iwo vid ons-helt(2/�ac�ss in sizs. (z) Systerx requirements: 2.Dedaretbn Of Conditlons:The planrdtq crortmdselon may roeommerM�d tl»dy eeundl mry impoae auch condllbns on the p�iny of a WECS Intsiim we pamit u may be naceaeary to orty out tl�a purpwe and provielons oi lfib�ectlon, (a) On1Y Cloaed loop goimd soiace hest P�P��B heat traosfet fluids 3.Slte Plan Drewl M as deSned in§152.185 are Pernuttad•Open looP @round aow�ce heat pump systems are not drsvm to�csla e�nd�o�ned,di�iay�meg ����speG�ned�ln�w�une�a�p�an Pernutted. iwowlnp: a.Lncetlon and helpht o(al bulldinpe,struduros,abovepro�md utilltles arM trea an tlx bt,�uding both exisUrp (3) Setbacks. end proposed etnx�uros and puywire anchon. b.Locatlon and ifelplk af al ed�ceM buildinps�strudurse.aboveground utlAdei and tre�locebed wMMn iFaee (a) All componeata of gtound souroe heat P�P���u�8 P�P�,1�HB h�^drod fIIIY fesl t350')d tl�e e�erlor boundnla a ths propeity in que�tbn. end loops ahall be aet beck et leest 9ve feet from interior aide lot lines and at leaet ten feat from c.Skstch dsvatlon drawinp of tlie P��b��9 ihs propoeed WECS and Ite ralationehlp to reat lot lines. ewdures on Mro wbject aite�d sdJecent Io1s. (b) Abova-ground aquipmemt associated with imd aource heat 4.31u�Aes:AppllceUons ror an hiterkn ws permN under tlde aedlon eheA Indude eWdes doaxnenWp sumdeM � P�Pg shall not be eceesa to�aabewexed wtr,a nscesaary tor operallon or n�e p�oposed wrane. inetalled in�e froat yard of any lot or�yard of a corner lot edjacent to a public right-of-way and shall mat all required setbacks for tbe applicalion districk B.CoM Compllantx: 1.Canplim�ce WNh BtaEe&Adnp Code:Standerd�eiMrpe d the strucWnl comporanb d tlis wirM ene�gy oonverslon aysCem and support strucluros,hidudnp bas eeM(aotirpe ehsA be ptovided along wRh enpineeAnp dete�d cYdAMlons to dertanWste compllancs wqh Ifa�UucW�l daelgn provbloM of tl»steta b.Manufadurers neme. bWlding code.Drewkips and enpinssrinp eelpAatlare tha0 bs catllled by a Minnseota Iicerasd snglneer. a Ema9e�Y P�ne number. 2.CampllM�s WBh NatlonN Eledrk,al Cods:WECS elec41ca1 equlpmerd end connectlons shNl bs dalyned and InehAsd In�xence Oo 1M rmtlor»I ebeMcel code as edopted by ths dly. d Emsrpsrwy ehutdown procadurea. e.camtiiy�nno: C.MNnufactuAng WuraMy:Appllcarri droll pmvide dowmeMatlon or other svidance from the deslsr or e.WECS undx ons Mmdred sevaAy flve fset(175�In MIgM shM bs pdnbd r noncontraetlng oolar eonsl�tent mmufecdrcx tlmt tl�e WECS hse been,successfdy operaled In�trnaPharle�ronditlo�ro sYnliv to ths wMh Ihe eurroufdin0 aree weh es:aky blue,yiaY�a brorm.�tl ImNs a galvardzed or md�zed flnleh to reduce condtlmro wllhln Lakevlib.The WECB eheN be wemrned ap�irat miy ayetam iNlues rewonably axpsded vlsud Imped. In ssvers wselhx operatlon condldorn. b.WEC8 eheA not heve allbaed or at�Ched erry IIpMs,rell�to�s,Ilael»r or erry oCbr Aluminetiai,ezoept for 19uminetlon dsVbee fequlred by FAA reyuledone. D.D�slpn 8fandarde: 10.E]eCUomspnaMc Inbifaence:lMECS ehall be dselpned and corntruded w u not Oo caues radio�d taleNslon kderferaroe. 1.HeIgM: 17.Ndss 6nlalon: a.Ths psrmlt0ed mndm�an heipht of e WECS N�sll be dste�minxi M ons of two(2)ways.In dete�mlNrp the e.VYlthin r�elder�tlat dlstricb,nd�ee emenstlrp fiom 1he operstlon of WECB ehBN not exceed len decibels(10 tl8) he1pM of ths WECS the tofel helgM of the sy�tem shdl be Induded.System helpM thell be meaurod itom tl�s b�s of the Eower to Mu hlgl�set possibie eztenebn ot the rotor. above amblerrt res nolee Isveis. (1)A retlo of one foal to orro toot(1':1�bsMroen ths dlstancs oifha doaeat properly Mra to the bue oT tlie WEC8 b.In ali other dletric�,noiba emanetlnp hom ihs opsntlon of WECS shaN be M compNance with and reyulated by toMia heipht oflhe system. the atate of MMneeoEe pollutlon corrool standerde�MMnesota repulatlooe NPC 1 end 2,se miended. (2)A ma�dmum system heipM of one hundred sevsrNy flvs taart(1759. 12 UtlIRy Company Inbnoor�on:No VVECS qr1 bs kdsrconnected vdtl�a bcd ekcMcd utll��y�ntli ttie utlltY oortpenY hes ievlewed mM commerded upon It.The Inlercon�Won d Mis VVECS wMh the ut�ly b.Ths ehwtest haipM af the hw(2)above mentlonsd mstlwds Msl be wad In dslsimiMnp Ms mro6mum compary ehNl aders to 1M netiond elechicsl oode a adopted by ths dqr. albwable heipht of a WEC8 sy�em.The hsigM of s WECS m�at aho oompy wRh FAA ropul�tions. 2.8emedv:No pat W a W6C8 NroB bs loeemed wMhln a aUous anY►eQdrod iraR,dds or ieer yard aetbecic. WECS Poweia sheN be aat bsck fiom ihe doesst propeRy Iins aro foa�(1�tor every one ioot(1�oi eystem f.Omuna�hl WMd Dwlca:Omamemel wkM devkes thet aro not a VYECB ehel Ee�cempt hom the hei8ht WECS alrll not bs lo�ated wMhln iMrqr fset(90�of�abovepround utlA�y Ane. proNeiona oi lhie eeetlon and ahsll coriMrtn to otl�er applicable provhla�s ot this tltla. 3.In�aletlon: a.Ali tax�ers used to supporl a WEC8 ehtll be a monopols d�ign oertl8ed by a atr�xri+ral ergkieer« F.IrMp�etlon:The dty hereby raaervee the ripM upon I�ulnp arry WECS Ir�kri uea parmK ro Inepect fhe mlrufa�turer ihat ths pole Is Copable of eupportinp fhe WEC3, piemises on wNdi the WECS b loca�ed.If a WECS k not mW�talned in apereUo�l oondHbn and poses a potxitld tefety hezard.tl»ownsr thali take expedtbus actlon to correcd ths aMuaMon. b.WECS Inatmled on an exlMinp atrucluro�haA re�iro cerUNcxtlon of a etruchral en�neer Ciet the edatlng atrucxure b cepeble W supportlnp the WECS. 4.Rofor Cberanoe:Blade mce aeeted by the WECS ahe9 heve e mMilmum of tlNrty teat(SO')oT deewrroe over O.AbendrnrneM: erry stnwture ot trse wNHn s firo MrWred toot(S00')raaus. 1.My WECS or tower wMch Is not uaed iw lwelve(12)wcc�hrs nwnths ahdi be dsemad ebar�dorbtl and ahsll 8.Rotar 8ehly:Ead�WECS shY bs eqtdpped wMh boC�a manuel end autonmtic b�dnp dwice cep�bls ol be dl�r�entled end rertpved irom the propefty at Ihs e�erroe ot the pmpMy owner. Nopph�p ths WECS operatlon In Mph wlnAs(4Q mRes per hour a groats�. 2.An Irrterim use permit Mbwl�for hret�litllon W a WECS u�der thls eacdon ehaA teminam upon the oxurtence 8.Ebetrlcd: of atry oi lhe tdlowkm evenM.MRdchever xwis flAt a.All ut/tles ahNl be Instalied aWerpround. a.The prope�ty on whkh the VVECS la beeted b aonsd to otl�x fhen em aprialWral�aommerdal,kWusMal or pudic-open epaa detrict. b.M mchstla'utllNy�nect switch ehall bs InKalbd�the elschlC meMr MrvY�1he qoperly. b.Ths ptoperly on whk�h the VVECS Is IoaMd b wbdvided antl ths rosultlng lot aros is leae Mren 2.5 ecres. a Each WEC8�hell bs prounded to piobect�alrnt nada�dghininp sMkes In oaifo�wMh Ihe rretlonal c.My ot the svenb oWInW by ssetlon 11-5-7 of thb tltle.(Ord.887,aec.81,517-2010) elxtrlCal cab ee eclopted by 1he cfly. 7.Tower Aaxes:To pievent uneutlariaed dimbhp,WECS torvers muat oomply wMh one of the fopowlnp proNelans: a Towx dimdnp appareha el�l not be loaded wlMln twelve feet(12�of tl�s pround. b.A lodced arHldl�tkNce Mieq be Inef�bd on the tower. c.Towa�s capebb of bsl�dimbed&�elt be endwed by a lodced,protectlw tenee rt bset�hc feet(8')hiph. 8.Sipns:WECS ehedl hevs one siqn,not to exceed two(�aquue teet poeted at ihs bsse d ihe bowsr mW eald sipn shell contain the ToAowing informadon: a.Waming Mph vdtape. , ' O�.�v� �r,P�-u� � , � : � � CI'TY OF NORTH ST.PAtJL Accessory me�e a eyatem dee' ed as a saoondary use bo exisNng Milldinga or feailtdea,wheroin ' RAMSEY COLJNTY,MIIdNESOTA t1►e powor genersted ie used ptfmmyl�y for on-site cona�ptioa A/ternalive w�ergy system mee�a ground eo�ax heat pump,wind or solar e�gy system. ORDINANCE NO.� �—J ��i �dlding-integrated solm�ener systun meane a soler enagy eystem thet is m integral pa�t of a ' AN ORDINANCE ESTABLISffiNG REGULATIONB � ,�0 P���Y��&��s�e meclwucal davice,mp lecing or auluhdaing for COPICERNING ALTERNAITVE ENERGY SY3TEM$ � m or elnwturalcompon�t of the ding i�ludinu,but not limitad to,photovohaic or Q . hot water eoler sysoema co�ained within roofing meteriala,wandows,ekylig�+u�d awm�. \ Cloaed loop growd snrorae heat p�arq�syatem meens aeyetem tkiat ciroulstes a hoet hansfer fluid, The City Cou�il of the City of North 3t Paul doea heieby ordam: �yp ically faod-��entifieeze,flttough Pipes�coila buried benaath the land surface or mchored to the bottom in abody of watet. Grotoid source heat pump syate�n meeoe a syshem fheR uses t�»latively conetnnt temp�ture of 3ECTION 1: Titk XV of d�e Nocth 3t Paul City Codo is lmreby amended by adding Chapter 158 w the earth or a body of water to pnmde heatin�m th�wiaber md cooliert in the summer. Syetem ned es follows: components inolude open or closed loope of p�pe,coils a plshs;a fltrd t�at abeorbs and fret�efers heat; and a 6eat pnmp umt that proceeses heak fot use or diapetsee t�et for cooling;and�air di�'Mrtion �• ALTERNATIVE ENERGY 8Y8TEMB IS&01 80o Hauortal grora�d sowca hern pump system means s aloeed looP ground�rce he�PumP sysoem PG whae the 1�oope or wils are inatalled honzontally in s trench or e�ien of henches no moro then 20 feet This division applies to altemetive energy systcma io ell zoniog diatricta. below the lend eurfece. Heat traufer�luid maene a non-toxic md food greda fl�rid s�h es potable water,aqueoue eolutione 158.02 Parpoee end feteot of lene glycol not to exceed 20%by weight or aqueow solutiona of poteaeium aoetete not to ex�0%by weight, It is the of the c' w�mcil as in dro ive Plan,to de a suetainebla � ' � � Xorlaontal mda wind turbtne meens s wind turbine desi in whic6 the roWr ahatt is I to the 4�tt1'of' for the city s residenb, ' caeeful and use aFavellab o nattual,human end ground and the bledee sre pe�pendicular to the ground. � P�k economic reeoutr,es and ens�aing that resoutaw exiat to maintain and enhence the c�uality of life for firtute rosid�. In a000rdmxx with 16at goal,the chy Snds thet it is in t6e public�nbetset ro eucourago �Hub means the cenbrx of a wiod mtor,wlvoh holda the bledes in lece snd auaohee to the altemaflve energy ayata�a thmt have a pos�tive impad on�agy producNon and coneervetion whik not 8� P having an advase impeot on the coanmimity.'Iherofore,the pucpoaee of this oidimnce i�lude: (a To promote radiar than restrict dovelopment of alte�aedve a�so�a�by removing �ner re buriere and craetmg a ckar roBW��Y P��r ePP�'�n8 �'SS�• � ei,e, °N'"`� Hub (b) To crcsbe a livable communily where davelopme�nt mcoiporatea suataineble design elementa n+�r ( , such es reao�acx and magy conaavati�md use of ren�vvabk aneagy. fuels�To protect end enhance air � � � quality,limtt the effxts of olimate cheage and decraaso use of fossil I � I (� To oncourage altemative�ergy developmeirt m Iocallons wl�em the txLnobgy ie viable md � �� onr emao�aatal,economic and social impacts can bo mitigated. (e) To encourage developmant by eatablishing ceasonable�ents for perforn�ancx,eafety, Wb�12M�Ma►Cor�rMMw�+ demign and aestherics of altemative u�ergy syetoma. Hub beight means the distmce measured from naUasl gade to the centar of the turbine hub. 158.03 DefmiHons. Morropole tower means a tower conetructed of mpemd A�bes thd fit togetha symmetrically and ere stecked one eectian on top of enother end bolxd to a concreoe foimdation withoirt support cebles. The following words,tams and phreaw,when uaed in tLia divieion,shall have the meanings escrlbad to th��n this eaxion: Page 1 of E Pege Z oYa Oediemoe No.b99 Ordio�ee No.699 Alomvetlw B�'39eteme Alb�oetive Boer�89abms tea�fexnfluid'by�n source heat pump systsm mems a�that ueea dwater ae a heet c, dmund eoucce hest pump sysh+ma in water bodies owned ar mannged by the City of ggroundweter fran a woll to e heet snd then diec�the waber over Nortli Saint Paul are not permiued. land,dimdly in a waterw� body or into an injoction weil. (2) Setbac�Fs. Outdoor Wood Bottera provide hesting or hot water usiog a 5tebm�e�amtmded by a waLer jackd a All above ground po ta of�round aoame heat PumP eYetems ehall be set back at �clos�d within sn insuleted ahed. A 8ro is s�bed ineide the Sie6ox,md the warter tempe�radu�e is loest 5 feet&om ei�irom�and roar lot linae. . controlled via a thetmos�tically acwatad dmnper. Outdoor Wood Boile�s aro not pennitted�mda this ocdinma imless they mat all local,stabe and national polludoa end envuo��tel proteadon sta►dards. (2.1a.�All eoo�esa�shall be over the ownex's land aad due cara ehall be teken to awid haza�d, Paasfve solm energy system meeas a eyebem that capduee solar light or Leat widwut 4ansforming it �°�°nvenimce ot damage to public sh�eets and nearby public or private property; to anotbet fmm of energy or hanafaring the wergy via a hat aowhenget. b. Neceseery�rocwtlons ehall be taken in stockpiling�cavated meterialn to avoid Photovolmk system means a eolar energy sysbem that conveais eoLr erosion,duat or other in&ingeanents upon adjecent property; �diroctly into eleoh�icity. c. All wirh�g,iastallation of pipas,6rad'u►B and eli ot6or instalietione and cooehvction Small wtnd turbMe means a wmd tu�me of]00 kW g�onerating cepacity or less, shaq be eubjea to inspeation; Solar ener ayatem mesoe a�vic:e ot a�cdual deeign feedme,a substenNalpurpoee of wlilch le d. Disdubad lmd ehall be restored to ita prior condition atEer campletion of consavction. to provido�gM for i�eri�li or provide for the colleation,atoiage end dIstiibution of aolar P�p eyebema shsll not enoroeoh on public d�ainage,utility enargy for apace heaNng or cool�e eclrtaity 8enastion a waber heating. (3)Easements. (3round sonroe heet Tord haJght meana the higlmet poi�above mdnal�rade reeched by a rotor Up or any othar part of madway or trail eaeemems. a wmd dubine. (4)Nolse. (3tound eource heat pump ayeeem�e shall comply with Mincwsota Polhrtion Co�rol Agency stendm�da rnrtlined m Mmnesota Rules Chapter 7030 as amendod. Tower meens a verticxl sk�uhne thet sapporfs an albemative ene,rgy system. (5)Screenfng. G9round eourae heatpump s ero ooneidaed meohadcal equipment ead subject to Utltity wind hvbine tneans a w�d tiabi�of more then 100 kW nameplato genaating ca�city. the raquirements for the applioeble�oning dietrict. VerHcal mdv wtnd nobtne moane a type of wind wrbine whero tho main rota s6aft nms vettically. (c) Safet,y. dround source heatp�npa shap be certified by lJndawrioas Laborabories,Inc.end moet tbe tequueme�e of the I�etnationnl Electtic Code. Yertl�growrd sowcs�punip system meana a closed loop arouod soiuca lmat pumP sysum wha�e tfie or coils are' led venc�eily in one or mrne borings below the land sarfaca. (d)Abandrnur�ent. If the groued eource hee2 pump syecem romaine nonfimational or inopecative iPmd a slene meaos an electrical for a continuoas petiod of one yoer,the system ehall be deemcd to be abendoned and shall conedwte a l'me(s),aseoc��co�nls md may iealude a�8�ility tLat oonaiats of a wind httbine,feedet public rruiaence.The owner shall xemove the abandoned syet�at their m�pense aft.er a demoliGon permit hes ban obteined in accordence with tfie following: IPbid trvbine meane any pioce of elechioal genaaHuug�ut thei converts the Idncticenergy o£ blowing wind into dectrlcsl energy t�rough the use of aitfoils o�r�eimiler dovlces W capwro the wind (1)The heet pump and�y axternat mechenical oqwpment ahall bo romwed. CL)Pipes or coile below tlu Imd surfaa shall be Slled with gout W dieplace the heet trenefer 158.04 Grwad Soaroe Heat Pamp 3yeteme. fluid. 11x heat trane&r fluid shell be capwrod and disposed of ia accordnace with stete snd Eedecal eegulatione.'Ihe top of the pipe,coil or boring ahell be uncovered sad gro�ed. (e)Zontrig disrricts. Gmund aouroe heat pump eyebe�ne in axordence with ihe smnderds in this seahon are allowed as a permitbed accaesory uee m all zoning dietricxe. (3)��goW�m�drsource heat pump sysrems ahsll be completely removed fivm ifie botWm of the ro� ���. (1)��M� ���. , (e Permifa. A building permit aliell be obrtainal for aay ground sow�ce hest w a Only cloeed loop groimd source�atpump systems ufilizing 6eat kansfer fluide ere Pablic Heattit.�for vefical syebems ere subje�to approvel froro tl�e Miomeeots�e��entP�f' petmitted.Open loop groimd eource heat pwop sysoeme a�e not pe�miqed, b. (iround source heat PumP systems m publia wabers rtmy be pamitbed es an imetim condiHonnl vee subiect to approvd Snm the M'tm�eeota Depulment of Natucal 158.OS Wi�d Enmgy Systeme. Resouroas in A000n�ence witb M�Rules C6aoter 6115.0211,Subp.6b end subject to wriuen cons�t of all peop�xty ovvners and/or approval by an eesooiation in (a)Zontng dlmicts. Small wind turbine sysoema ie acoocdence with t6�et�daids m dils sxtion �����. are allowed as a permiued acceasory uee in all zow�g dieh�iats. Pege 3 of 8 Page 4 of 8 OrdloenoeNo.699 OrdlnmoeNo.699 AI�meNw F.mRy S7r�eme Allanative Pmrgy 8yeteeu (b)Standm�ds. inspection ehall be from a yualified engineer or oUxa body detormined to be accaptable (1)F�it Ciround{ocated 3ma11 wind tutbi�systeme ahall ooid'orm to the Communications by the Zoning Adminietrator. StruoWrea etattdard for tha zoniog distrid m which theq are loaabed. Additional height,up (2)UtiUry Conv�ecNon. Ail gnd conneorod sys6eroe ehall_ 1}ave e cotnpleted contractael to 75 feet in botal height,may be pennitbed as an interim condit3onal use. eg�sament with the local uG7i prior to the iseumca of a building permit A vie�'ble m�bernal gis (2)Clearm►ce. The mmimum diehnx&nnn the ground for tlu lowest point of a blede a eny dieconnax muet be provided tequired by the utility. otl�moving patt shall be 12 feek (d)Abmdomnent If the windenergy system mmaina nonfimotional or inoperadve for a co�rtinuous (3)Roof mmotting. Roof mou�ed wind wrbinee ue pamiued ee loag as the undarlyimg rooF p�iod of ane year,h ehall be deaned ebendoned and ahell constiUibe a public nuismoe unleas a plan sttuoWte will support tha systom and it meels aU auaemt b�u'Idi�ng s�ds. A��, ,18��and ec6edule fot roUuning it to service is submitbed to and aooepted by Uie Zonieg (4)Setbacks. The bese of a horizontal axia wind turMoe tower ehall be sat beck from all �op�y Lnes a dielanco equal to the total height,i�ludiag blade. Vadcal a�ds wmd hub' -sk�all meet the eide md rear yazd xtbadcs�eau�mb ofthe dietrIct in which they for�an pw'm�d ��A build'mg permit '��nm'�condi6onal use pemdt,if required,shall be obteieed aro located.Wind enorgy tema ehall aot be matalied in the 9�t yatd of eay lot or in$u Y ��� side yacd of a comer lot e�to�m to a publ{c dght-of-way. (5)�nie�ind energy systema ehell not encroach on public draioage,utility roedway or 158.06 Sol�r Energy 3ysteme. . (s)Zoning dLth�tcts. 3olar onergy systen�in accordance wlth the atandetde in this aection are (�Noise. Wind ayetema etiall comply with Mirmeeota Pollution Co�ol Agency allowad as a peimitted acxsecxy use m ap zomng distrIcta. etandarde o�rtl��M'inneeota Rules Cbapter 7030,ae am�ded,at all peup�tty lines.An (b)SYandm�ds. acouatical aaslyels or otha su83aient dete ahall be included wifh the peimit raquest ('n Scree�dng W' awrgy aro axempt from the scteaning requinaiants for the (1)F.rempHon Peseive or b�dldm' qiute��solar e�systems ere exemqt 9om the diatrict in whi�tliey ere 1� roqu�cemenLv of thia extioa e�shelt be ragula6ed as mry otha buildittg element. (8)Ae,rtheHcs. All portiona of tha wind ea►agy syetem ehell be a non-reflective,non-obhtueive (2)HeigM. Roof-mo� solar energy syefema ehell oomply wiTh ihe meximum heigtrt wlor sub'ect to the approval of the Zoning Admmiahratoc. Oaty monopole towers ate reqmrements in the applicsble zoning disRict Groimd-mountad eolar energy eystems st�atl pami�. 11�e of the turbine,bower and eny other rolated com e�te e6all be not exceed 15 fat in hei�xt. meintetned throu ut the lifo of the wi�onagv system pursuant to ind�y atanderds. 3 Loca[ion. In residantisl eystema Sy�ms shell not used for display�g any advetlsing.Syateme ehall not be illumineted. �) zon'u►8 distticla,ground-moimted eolar are limibed to the rear yerd In non-resideatial diehicta,�+ound�solm�enagy (9)Feeder Hnes. The eke�trical wllection ayatem shall be placed undetgrowid wlthin the mey bepe�mi m the&ont of�ot or the stde yacde on�lots birt� intetior of each peroel.Tlm wIlearion systam may be plaoed ovahead neer eubatations ot encroech in the�minimum lea�pod aroe adjacxnt tu public rigMs-of-way. points of interconnection to the electric grid. (4)Set6acks. Oround-moimted eoler eystems ehall comply with ell ecce ehucturE (10)Vibratian.No wind energy eyetem ahell produco vi�ationa tbmugh the ground that aro setbecks in the applicebla zont d�ct,Roof�mamted ayeoeme ehell_comp�wHh ell humanly perceptible beyond the property on which it is loaatod. building eotbeclre m the epplicay�e zonmg diskict and shall not e�mend beyonu tl�e exberior p�r of the building on which tha eyetem ia mombed. (c)Corrstructlon standards md GertiiJtcation (5)Roof nweoubrg. Roof-moimted eoler collactors shatl be moimtad perallel not more then 3 (1)Standards mx!Cerl:'fication. fat above ffie surface of the roo�unless the mof pftch ia dete�miaed W be imda�uate for e. Standarda. Wind emrgy eystems shell meet the minim�nn e�de outlined by the °ptlm"m pafo�m°°oe. Intomationel EkctrotasMucal Commiasion(�m IEC 61400-2 or the Amedcm Wind Enescgy Aeeocietion's(AWEA)Small Wind�Twbine Pafoimmcx end Safety Smaderd. (����Solar energy syetaa�e ahell not�ch on public drainage,utility roedwsy or b. Cert{f'icaHon. Wind enetgyayetems ehell be cetti8ad by Underwtitas Leboeatories, Swes�dn Solar ahall be scrxned from view to the extent ibk without Inc.aad the Nationel Renewable F.nergy lab�aDurY,the Small Wind Certificeti� ('n , 8• �SY� P� Council,a qualificd eng�iaeer or odier body dc,bermmed Oo be ecoepAaable by ihe unpacCmg their functioa Admimslrabor for conformena to IBC or AWBA elnndvde.The Ctt'yreeerves� to deny a build'mg for proposed wind onorgy syetems deemed w have inadeqmoe (8)Mmdn�w�.lma. Cirow�d-mouated solar eoergy systema ehall bo limited in eize to no moro catification or it��teetlng for operation in a aeve[e wi�er climate. thm 25 pe�nt of tbe rar yard. c. Mabuenmrce. Wind oaergy syetems shall be rosinWned. A oaly ceiti6oete of (9)Aesthdica. All solat energy sysbems alfsll mini�ni�r.�towerda vehicular Ltaffic and inapwtion end maiatenmoe shall be eupplied to th�Zoning�idmieiat�or. Such ����°�' Page S of 8 Pege 6 of 8 Oediomoe No.699 Ordio�oe No.699 AlbroeNve BmRy Sye�em� Aleem�ive Bnmgy Syefevr (10)Feeder L6ies. 11ie ela�icel colladion syeoem ehell be pLbd undergcoimd whhin fl�e �: Effative Date.Thie ordinence shall fake effect e�be in force immediately fiom and imxior of each pazoel. 1lu callecaron systar�may be pfaced overhead neer eubetati�or poiorte of inbecoomieatlon to the eloch�ic grid. �'���.'I'ho City Clerk ia haeby direcbed to publiah this adinmce ea n�nired by Iaw. (a)�fe1j,, ADOPTED by tha City Council of the City of North St Paul thie 16tl'dey ofNovember,2010. (1)SYartd�ds md Certlficatlon. ' Motion by Couacil Membes Bruton Sccond by Co►mcil Member Watccak e. SYandards. Solsr anergy eyatems ahall mat du mimm��smodmda ouHiaed by the � International Electrotoctm�cel Cammiseion(�,tho Amaicen Society of H���,�, Voxs:A Council Members fiirl yo Re&i and Airconditimiing F.ngine�s� (.43HRAE),ASTM I�temationel,�ritie6 Y�� ong,Zick,Walczetc,Braton,Ma r Ruelm m ing 3�g�InsHdidon(B3 Lbxnedoml Otrtan�ntion for 3tendetdiudon(I30), Nsy: None �sR�ter's Laboratory(�L)md/or the Solar Redng and CertiSceNon CorpoteHon Abse�: None b. CerlNiotr�on. Solarenagy ehsll be certifiod by Undenvribais Leboratoriea,Inc. /e/Miohael Kueho.Mavor end i}►e Nationel Renawable�isboratory,the Solat RsUag md Certification �ration or other body deternuned to bo acceptable by the�Administrebor fa • . nance bo I6C or AWEA etend�rda. Crty esseives the ri to deay a buildieg AT1'EST: peemtc ror propo�a solar e�rgy eyetems axm«t to�ave inadequebe certisc�ion. �s/walta wveooaL escv Menener (2)Utqlty CormecHon. All d connectad syetema ehal( hsve a compteted �wal agre with the local�y prlor to the iesuena of a building pamh.A viu'ble extemal dieco�m�t must be ptovided. Publiah Review:Weduesdey,November 24,2010. (d)Abando»merrt. If the aolat energy eyetem remains nonfimctional ar Ino�tve for a w�nuoue period of one year,ihe syefom ahall be deemed to be ebendoned md ehall oonadhrte a public tmissnce.The owmr ahall ramove the abendoned eyetem et their mcponse aRer e demolition permit has been obtainal. Removal includea tlm entire sftucturo ineluding hmemieslou equipawrn. for�m��1�mer build3ng parmit and intorim coaditional uae Pe�mit if'raluiral.ahall be obteined Y BY BY�Pnorto inaffillation 158.07 Applkallon Criteria for DevitHoee 6om 8landard�. Daviations to tho standarda in this division may be pamttted es an interim co�itional ux. In B��B m interim conditio�l uee pemii;the city council ehatl wnaider the conditional uea criuria in code md the foliowing addidoml critorla wique w altetnntive enorgy systams: (e)That the�viafion ia isquirod to sllow for the improvod operation of the alhrnative e�rgy sYetem; (b)lhet the altanative cnetgy sysbem hes a net anerBY 6�: (c)'Il�et the alternative energy sysoem does t�adversely sffect aoler arwind accese to adjeo�t properties; (�Thst the alteteative energy sysbem complies widi all dher enginaring,bailding,safety end fue mgula�ons;and (e)Tlmt Uu altetmtive energy syetom ie found to nat have any advaree�impac�s on 11�e etea, �blic��'aafety end gemeral welfa�s of ooaupe�of neiBhborinB Pl'oPecNes and Pu BMS-of-way. Psge 7 of E Paga 8 of 8 Ordimoa No.699 i Ordl�om No.699 ABmnsdve Hxr`y Syeeemr A�ve S�gy gysbme . ' Ivl�`�(n��F. 5� . � i Medina City Code 828.Zmra�g—Pa�oe 3tenderde aad Bnforcement , Medina City Code 828.Zoning—Pafocmence Sdmdards end P�'orc�ent ; md pav�ent shell blocic ditect v3sion,Plmting of a by the (1)Residentielly zoned property—property located withi:►a zoning district whioh allowe I City Council cmy aleo be in eddition to or in lieu of resid�ntisl usea es a prfacipal use. For the salce of this aecNon,reeidenHally zonod � ' property ehall includc property within the Agriculdual Pneervatiom m�iog dish�ict. Th 1 view of all mecheaioal equipment shall (2)WF.CS height—U►e distsnce meas�md finm the grade of the WF.CS to the highest point ���Y���� �.3�B�y��P�� of the rctor blade. For WECS which era atmched to a�,the 6eight ahell be by mrhibeouually m�mg inbo the or by sim+o�md'mg it with opeque meesurod fmm the bwast�rade of the s4ucwre on wtuch tl�WEC3 ie al�ched. materials cwmpehble ' PrinoiPel ehvr.hue. Saem�ing ehall be deeigned for low ong lifo md ehall be laept fn a embe of good iepeir. ahell not be ueed for the Snbd.3. Locafloa Reqniremonh. T6e following ahall apply to atl WSCS: ec��enin8 mxhanicel«NiPm�• (a)WECS ahall only be allovved if acplicltly listed es an allowed conditional use within the �jYi' Ser2iou I�18.09_R An ent or dovica that utilius, or Hea �j��g��� Y e4� �PP � (b)Minim�lot size: ��r' enetgy detived&om stm shall rt�tha follow+ing standerds: � (1) Reaidetrtielly zoned property: 20 ecrw. � (2) Non-roeida�ially zoned propaty: Two acres. Notwlthatanding thia requirement, 8abd.1.Zhe ' �devioe muet bo affixed to a eGvcturc aq�ieat all aetback a WEC3 greaber than 50 feet in 5eight shall only be pertnitbed if a lot is 10 scme in � troqnitememg for ettuctm�oe m the zaning dielrict gd(6locemed siu or greater and a WECS groatet then 120 feat tn height ahnll only be pennided 9f a �� lot is 20 ecres in size or greater. Snbd.2.The equipment or ce may not exceed the ofthe bu�diog by moro than five (c)Maxim�WECS daiaity: feet,and s4�all cover no more 70 pa�t of� to wlrich it is afftted. (i) Residemialty zoned property: one per lot, Cl) Nan-residm►dnlly zoned propetty: one par lot,axeept a second WEC3 ehall be Sabd.3.The eq�dp�t or dcvice m be dwi�ed and con�d'm complience with ari POfIIl1lbDd pl'OYI�U1C WECS I1CI�It Of fI1E BOCOIId WBCS 18 SO�OT IC98. applioabb bididing md eledrical (cn 3etback flom property lines s�/or pvblic rightof-ways: (1) Realdentiaily zoned properiy: 300 feat Sabd.4.The equipmem or device in liana with all sfabe end federei regulations (2) Non-nsidentially zoned property: 100 feet,unlesa the WECS heig6t excads 50 ��B�-B�on of feet,in whioh ceae the minlmum setback shall be increaeed to 300 fed. (3) Increexd eotbsok flom propetty zonad rosldential or mixad uee: 300 teey unleas Sebd.S. All eolat acraye ar s6all be inetalled a� so as not to ceuve a►ry glare or the WF.CS height exceeds 50 fect,in which case the minim�aatbuJc shall be raflective amilight arto ghboring propeities or a obawd viewa. ino�aed to 750 feet (e)Meximum e�back fl+am shvduree on msidaatlally zoned property: a WBCS aonahvcted S�bd.6. Soler wldch ie mounbed to a ioof wluch is flet,md wLich ie viaibu fiom on reeida�ially zoned property shall be loceted within 150 feet of e shvchae on the du nearoet ' f-way,ahall not have a finiehed pitch nmre five pa+c�t�eper t�en subjxt propetty. ffie mof. (� No WEC9 shall be allowed wid�in tln 9horoland Overlay Diatdct or a floodplain. (g)No pottion of the WECS,inaluding the flill erc erea creeted by dre bladee,shall extend Sabd.7. zonmg admmi�ma�'ia�ui�e comPlianoe with any od►cr ''a�, over above•gi+otmd Power linos or into any draioage and utility aemnen� ' 'ona oz limi�tions da�med reaeonsbly naxssery to prolect the resideatial oherncfer of (h)For pole-mo�mted WECS,the full arc ataa cteated by the bladw sheq have 30 feet of mi��..•�.,..,,� cleerance from mry sccesaory atiuoture or hee. $ection 828.09.1 Wi�d Enernv Convorsion Svtl�u(WF�CSI Sa6d.1. WECB 9tsndsrds. The following ehall epply to all WECS: (a)Ma�d�P:nduction Cepacity: 3abd.1. P�vpoee. '17�e purpose of thie ordinance ie to eecablie6 slmdards a�procedtues (1)ReaidenNelly zoned pcoparty: The maximum cepecity of the WECS generator for WLd Bnergy Comereion 3Ysbems(WECS)tfirough a conditional uee pamit ia aTder ehall be 10 ldlovvaus. w hazneas cleso,rme�vable wlnd energy while at fl►e seme time protecting public heelth, (2)Non-ieeidtntially zoned property: 'lhe meximum capecity of the R+ECS eafety and wa}fere. genetator shall be 100 kilowatts (b)Maximtmm WECS troight: 8abd.2. DeflNdons. The following words�d xtme,whetcver they appear within thia (1)Reside�ielly zoned properiy: 50 fret. section,are defined es follows: 828.Zoning—Performanoe Standarde and Bnforcamant Page 3 of 96 828.Zoning—Paformance Standards end Faforcement Page 4 of 96 Medi�City Code 828.Zoning—Perfma�ence Stmdards end Faforcar�rt Medina City Code 828.ZoninB—Performeoix Stand�cds and E�oroement , (2)Non-roeidetnially zoned properly: 200 feet.Notwithetanding the pcevious ap�proprllate for the dubine to be installod given the aoil and cl�conditiona of limitstion,the following moro reahicttve standerde shsll also apply depend'mg on , t6e propoeed location the eize of the property on whioh the WECS ie propoeed: � (a)Compliance with Codes: all WBC3 oquipmeat etall bo ceRified by relevant (� WECS on property leee than 10 aoros in eize: A WBCS locsted on a pmperty ' profeaeionals that h ia in compliance wlth atl applicable loosl,atste>end federal lese than 10 acres in a'rm ahall not exceed 50 feet'v�height � rogulatory etanderde,including but not limitod to: (u� R'F.CS on ptnperty lese thm 20 sat�in eize: A WBCS located on a property (1) Tha rolevart etanderda of tl�e City Code; less than 20 acses in size shall not enoad 120 feet in height (2) Unifocm Building Code as adopted by the Stabe of Minnwota; (c) Tmver Design: WECS Wwer may be of monopole ar lattice tower design,but shall be (3) 71�e Nadonel Eloctrical Code ea edoproed by the State of Minneeota; aelf-supporting withaut�e use of guy wires or almller fesAme. (4) 13e NaHonal Electric Safety Code; (d)Towar Appeazanoe: tho following provieiona elull�ply to WECS unleae offierwiee (5) Fedaal Aviatloa Adminiehation and Mmnaaota Dcpar�ent of Traoepormtion required by FAA regulations: requicemema;and (1) Towers ahell be unobtcusive in oolor or shell be a oolor consletent with the (� Minnesota Polludon Coutrol Agency and Enviro��al Protection Agency suttoimding erea. rogttletions. (2) Towere ehall be of n�-:eflective fmiah to reduce vie�nl impack (e)Tower Acoesa: WECS shalt be daeigned to pmvmit climbing 8+om within l2 feet of the Sabd.S. AddiGfonsl S�bmtthl Requl�onts. In addition to the informetion raquhed ground. elsewhero in the City Code,applicadons for WEC3 ehell include t6e following (� Contmle and Brakes: WECS ehall bo equi�ed with both a manual brakiag device ee infamation: wetl es ao aubometic device capeble of atoppiog the WECS operation in winda in erzexse (1)A copy of the roview rwponse from the FAA conoe�h►g the developmec►t application of 40 MPH. and FAA requiremeMe for weming davicea,height r�trictione,etc. (�Lighting:No ligirtiog,reflectore,flashere,or other illumination shell be affixed to the (2)Tedmtcel epecifioatioas of the WECS includ'mg,but not limited to: type,height,blede WECS except es required by FAA mgnletions. All other on-site lighting ahell be length,operetin8 Pa�ame�,mticipated noiae level et property lieea,li�tenic�B conaisbent wlth the Medina LlglttL�g Otdinence. proteetion,menufacwror'8 CENS09LI04 B8(Of]U�Ify UftB l06�IOQ 8IIQ OL�[''B @�1,��QOWC[�1n08 8II�WI1t8 BOfV�IIg i�1C�{.'$8�1 bC�LLL'16d. CECfjflCfltlOII 89[C(]l1VEa�ljtie 900�1On. (� Elxhnmegnetia lnbeifaence: RBC3 shall be Sltered,ahielded,or othervvlee designed (3)A shadow flicka ieport summacizing thc amoum of tine wkdoh ehedow fliokrn will and constructed eo es not to csuee communiaation signal interference. T7�e applicent impect ne18h��B ProP�Y• ahell notlPy ell oommuoication tower operetors withm two miles of the pcoposed WBCS (4)A decommisaioning plan as cequired by this eaKion ehall be aubmiued for review and location prior to appGcatioa to the City for conditioml use pgmit approvaL The City approval of tl�e City. msy require e atudy of the signal prior to conehvction in otda�to provide a beeeline. (i) WECS foundadons shall be designed to resist two times ihe wind upliR celculated Sobd.6. Decommiesioning. AWEC3 ehall be coneidemd a diecominued use after six p�ummnt to the Unifotm Building Code. mornha without endgy��. A diecoatinued WECS muat be dismentted and (k)Noiae: The WECS shall bo deaigned snd located in euch a way thet no more then 35 removed,at the property owner's expenae,within 90 days of disoontlnuation. The dB(A)of noiae ie appsrent at propeRy llaes. Notwithehnd'v►g d�e above,t6e apperent decommiesioning plan ahall ba reviewod end approved by the Ctty to ensure the safe, noix fian the WEC3 may exoeed 33 dB(A)at a propeRy line if the applicant cm tapld,and complete removal of the WEC3. The plan shaD idot►tify 1Le Snancial demonstrate that the amouot of noiee when Uu WBC3 is opaatiag will not excud tha roeounces whioh will be availeble to pay for the implementaHon of the deoommieeioning average aigtrriime smbient noisa by more thaY►6�(A). plan. A WECS which is not dismantled end removed withm 90 days of being (l) Menufaoturer Wertenty: The appi[cert ahall pmvide doctmie�ion fmm the discontinued e6ali be considered a public nuieenx eubject bo abateroeM as deecribed'm man�Clurer that the WBC3 a�uip�ment propoaed hes been s�xx.eeefully oparated in the City Code md M'wneaota Iaw.'11�e applicmrt shall e�ter i�en egieement etmospheric conditions aimilar to thoae withm the City. '17ro WF.CS ahall be watranted setisfacwry to the City which ahnll nm with the property 1n otder W enwre the againet sny system failurea reasonabty expected in sovare weather condiHone. decommiesioning plan is cerried through with. (m)Ce►tiScallon: (1) F.qnipment shsll be certified by the msnufecdnsr 9�at it ie in confo�manoe to Snbd.7. Record Keeping. The perty ra9ponsible for operating the WECS conaistecit with applicable induslry etandends for wind turbine deai�and etmdards adopud by 9�e tha coaditionel uee permlt and other mlavairt operating atandaids shall mesaure the Amerioen National Standatde Inetitube(ANSn• enm'gy Produced by the WECS and be pra�ted to ieport t6e pmduction npon requeat of (2) Aa engineer ragi�tered with the State of Minneeoffi shell cerdty that the dasign, the City. If ra�rde of energy production aro not provided wha�raquesoed,the WECS conshuotion and operetion of the towar and foundation are compahble wRh end ahell be coasidered to not be ProducinB en�y'and subjoct to tha�qwrement of being deoommissioned. 828.Zoning—Performance Shoderds ead Fhfoaxment Page 5 of% 828.Zoning—Perfoxmance Standards and Bnforcement Page 6 of 96 Medina City Code 828.Zm�a�g—Perfo►mence Standatds and Eoforcem�t ' Subd.8. Inepoction. The City resarvos the right,upon iseuence of a conditionai ux peimit, � to periodically and at all nasoneble times inspect the ptvmieas on which the WECS is � located for compliance wi�this ordinance,the conditlone sat forlh on the condidonal use i permit,and other relevant reqnirements. if s QVECS is mt meioWned in opecstitioml ; condition or poses a potential safety hazard,t6e ownx ehall be mquired to teke ' expeditious sction to coemct the situetion upon wrlttcn notice from the City. Sabd 9. Enforcement Opatation or maintenence of a WEC3 in violatlon of fhe requirmtiwnta of this ordinenoe,of the tetms of tha oonditional ux parroit,or of other rolevmrt requirements ehall ba a violation of thie otdina��oe and subject to proaec�rtion. Additionally,operation or maintenence in violarion of the cequiremmts of t}►is ordinance, of ihe teru�s of the conditional uae permit,or of othec mlevant requir�m�b ehall wnstidrte a public nutsence,subjeot to ebatemeet es dascribod'm the City Code aad � Minnosota law. Section$2$.09.2. ('�eothermal Svsteme. Snbd.l. (3eo eyeterns aro pernnitted acceseory uees in all wning districts provided that they comply the cequiremeots of dtia eection and other relevaet City mdinencea and atabe regulatia�ns. Sabd,2.No poitions of the ertnal eystam s6all be permitked to located within or below draiaage aod utility enfs ar wiU�in 10 feet of any lino. 3abd.3. Geothemial sysuema ehall n paimitted within o der wetlends. . p 8abd.1.Addit�s to e�ing buil�vt industrial disr�ida which do not excad in size eavantY�five('1�Pa�ent ofthe aiea of the existing shucUue and which ere coneht�cted on con�us fi+oat footm� be ao thet at leaet tov�tY(1A) pemont of�e e�erlor bwlding e�afacx of is aortiposod of ona or moro of tlro non-metal ioeterials m sedion 828. Z]ro non-meal metaiels ahall bo concen4aDoid on the po�tions af ' wltich aee ' fraan adjecent sheeta. Sites on which additions me tlu pmvleione of tlrie ahell be bcnugl�t i�rto compliance with ti�e of seofions 828.03,828.07, 08,828.09 end 828.51 with ngard bo ec ead lendeex�in8.Add�iorm wfiic6 iu sae seventy- five C/�Pa+�t of the aroa of the mdating etnx�ute or whiah are on continuoos fi�t ahall be coneidaed ttew btn'ldmge md eLall ' tlx r�eate af on 828.04. Fa du p�uhoses of lhis aubdivision,dro s�e 've edditim�e bo a shall be c�anulative end ahall be oampded to the size of d�e m e� 4u effective dete of this eubdivlsion. Se6d.2 Fxieting buildinge in comma�ciel end'mdt�sltisl districa which do not c�tnply with the e�erior ba�ding meteriel requieetnet�of sa�ion 828.04 m�d for vvhid�no additioas ete pcopoeed shall be bmught into oomplience with the requitemame of�eti�s 828.03�828.04, s28.m�sza.os,R28.09 ana sas.s�m rhe d�roasonably precticnb�o ptiot m sep�ber 828.Zoning—Performance Sl�derds end Enforcemern Page 7 of 96 ��� o CITY OF DELANO 9. Tower. a vertical structure that supports a wind turbme COUNTY OF WRIGHT STATE OF MINNESOTA 10 Utilily Wind Turbine a wind turbine of more than 100 kW nameplate ge�erating capacily. ORDtNANCE NO. 11 Vertical Axis Wind Turbine• a type of wind turbine where the main rotor shaft runs vertiqlly. AN ORDINANCE AMENDING SECTION 51.01(DEFINITIONS)AND ADDING 12. Wind Conversion Energy System(UVECS): an electrical generating facility SUBDIVIHION O TO SECTION 51.03(GENERAL PROV1810N8)OF THE ZONING that consists of a wind turbine,feeder line,and/or other assoelffied ORDINANCE RELATING TO WIND ENERGY CONVERSION SYSTEMS(WECS) controls and mey include a tower. 13. Wind Turbine. arry piece of electncal generating equipment that converts Sectfon 1. Section 51.01,Subd.B.2 of the Delano Zoning Ordi�ance is hereby the ki�etic energy of blowing wfnd iMo electrical energy through the use of amended to read as folbws. airtoils or similar devices to capture the wind Wi�d Energy Converalon Systems(WECS)Related: Figure 3–Wind Turbine Co�guration 1. Ac�ssory System• a system designed as e secondary use to e�dsting p,b, buildings or facilRies,wherein the energy generated is used primerily for rm ' ornwer � on-site consumption. �e°D — � � � � I � 2. Hor¢ontal Axis Wind Turbine: a wind Wrbine design in which the rotor [�ser , � � � shaft is paral�el to the ground and the bladea are perpendicular to the wyr ground. q� I � 3. Hub: the center of a wind generator rotor,which holds the blades in place L �,,,� � and attaches to the sheft. �� 4. Hub HeigM� the distance measured from natural grade to the center of Horiaonw�,as es a the turbine hub yry�T���}��p 5. Monopole Tower. a tower eonsWded of tapered tubes Mat fit together symmetricalty and are stacked one section on top of another and bolted to a concrete foundffifon without support cabies. Seetlon 2. Seetion 51.03,Subd.O of the Delano Zoning Ordinance is hereby added to read as fotlows: 6 Residential Wind Turbine� a roof-mounted wind turbine of 10 kilowalt(kV1� generating capaciiy or leas. Subd.O. Wind Energy Conversion Systems(WECS) 7 Smail Wind Turbine: a wind turbine of 100 kilowatt(kV1�generating �, purpose and Intent capacity or less. 8 Total Height the highest point above nalural grede reached by a rotor tip a. The intent of this Sectron is to establish stendards and proceduras by or any other part of a wind turbine. wh�ch the installation and operation of wind energy conversion syatems and small wind energy conversion systems shall be govemed within the City. The city finds that it is in the public interest to encanage aftemative energy systems that have a posRwe impact on energy produdion and conservation while not having an adverse impact on the community. 1) Lot Imes and dimensions. b. Objectives 2) Locffiion and heght of all buildmgs, structures, above ground utilities,and trees on the lot,induding both e�sting and proposed 1) To create a livable community where development incorporates structures and guy wires anchors. sustainable design elements such as resource and energy conservation and use of renewable energy. 3) Locations and height of all adjaceM buddings, structures, above ground utilities and trees located wRhin three hundred(350)feet oi 2) To proted and enhance air quality,limit the efFects of climate the exterior boundaries of the property in question. change and decrease use of fossil fuels 4) Existing and proposed setbacks of all strudures located on the 3) To encourage aRemative energy development in locations where propeAy in question. the technology is viable and environmental,eeonomic and social impads can be mitigated b Scaled drawmgs accuratey depicting the proposed location of the WECS and its relationship to structures on adjaceM bts 4) To corkrol potential nwsances a�d hazards created with the placement of WECS. c. WECS specfications including manufacturer and model, rotor diameter, power generffiion capabilities,engineering anatysis and certifleation of the tower and data pertaining to the tower's safety and stabiiity. 2. Zoning Districta. d. Sod anaysis documentation from the manufacturer or a professional a Utility Wind Turbines shall be allowed as an accessory conditional use in eng�neer that the site's soil cond'Rions meet minimum standards as the I-1 and I-2 Districts. specified by the manufacturer b. Small Wind Turbines shall be a�lowed as an accessory�nditional use in ali zoning districts. 8. Complianee wifh State Bulldfng Code. c. ResideMial Wind Turbines shall be allowed as an accessory a. Standard drawings of the strudurel components of the wind en�gy administrative use in all residential diatricts. cornersion system and support strueturea, including base and footings shall be provided along with the engineering data arM calwlations to demonstrate eompliance with the structurel design provisions of tha State 3. Number. No more than one WECS is albwed per parcel. Building Code eapecialy with regards to wind and icing loads Drawings and engineering ea�ulaBons shall be certified by a registered engineer. 4. Declaration of CondMions. in addftion to the provisions of this Section,the City b. Roof-mounted WECS shall inciude detailed plans illustrating roof Council may impose such cond'Rions on tha granting of WECS condkional use construction,mounting techniques and wi�bad eapacity. pertnit as may be necessary to carry out the puryose and provisions of th�s Section and to mamtain compatibility. 7. Complianee wRh Natfonal Eleetrical Code. WECS electricai equipmerrt and connections shall be designed and installed in adherence to the Nffiional 5. Applicatfon Infortnation. Afl apphcationa fw a WECS condit'anal use permit or Electrical Code as adopted by the City. admi�istrative pertnit shall be axompanied by a detailed plans and specifications including,but not limtted to,the following iMortnation: 8. Maoufacturer WarraMy. The applicaM shall provide documentation or other a Site Plan showing• evidence from the dealer or manufacturer that the WECS has been successfully operaled in atrnospheric condkions similar to the condftio�s wdhin the City. The I 3) Road rightof-ways WECS shall be warranted against any system failures reasonably expected in severe weather operation conditions 41 All existina buildirws and oarkma lots located on the same oarcel. c. Rotor Clearence: Blade-ares created by the WECS shall have a minimum 9. Design Standards. of thirty(30)feet of clearance over any shudure or tree within a three hundred(300)footradius. a. Height: The permitted mauimum height of a WECS shall be detertnined based on the type of system proposed. In detertnining the height of the d. Rotor Desig�� The blade design and materials are to be desgned and WECS,the total height of the system shall be included. construded to ensu2 safe operation in an urbanhural area. 1) Utility Wind Turbines. e Rotor Safely: Each WECS shall be equipped with both a manual and automatic braking device capable of stopping WECS operation m high I a) A ratio of one point two(1.2) feet of the distance to the wind or in condRions of imbalanca. closest oronertv line M one (1) foot of the heiaM of the svstem beNveen the base of WECS and the nearest orooertv f LigMning Protection: Each WECS shall be grounded to protect against line nffiural lightning strikes in conformance with the National Electrical Code es adopted by the Crty. b) A maximum system heigM of three hundred(300)feet. g Appearence,Color and Finish. The wind turbine and tower shall remain c) The height of a WECS must also eompy with FAA painted and finished the color or finish that was originally applied by the Regulation Part 77'Objeets Affecting Navigable Air Space° manufadurer, unleas othervvise approved es part of the conditional use and/or MnDOT Rule 14, MCAR 1.3015 "Criterie for pertnk Detertnining Obstruction to Air Navigation` h. Tower Access� To prevent unauthorized climbing, WECS towers must 2) Small Wind Turbines: comply wkh one of the following provisions: a) A ratio of one pomt two(1.2) feet of the distance to the 1) Tower climbing apparatus ahall not be loeated wilhin twelve(12) I Gosest orooeM iine to one (1) foot of the heiaht of the feet of the ground. svstem between the base of WECS and the nearest orocertv line. 2) A locked anti-ciimb device shall be inatalled on the tower b) A maximum system height of one hundred fifty(150)feet 3) Tower capable of bemg dimbed shall be enclosed by a locked, protective fence at least eight(8)feet high 3) Residential Wind Turbines� i Signs WECS shall have one sign,not to exceed two(2)square feet at a) A maximum height of twenty(20)feet above the roofline of the base of the tower and said sign shafl contain the following infortnation: the principal structure. 1) Wammg hgh voltage. b. Setbadcs: All WECS shall be set back a distance equal to its total heigM 2) Manuhacturer's name {rom; 3) Emergency phone number. 4) Emergency shutdown procedures 1) All property lines j LigMning: WECS shall not have affixed or attached any lights,reflectors, 2) Above ground utility lines flashers or any other illumination,except for illumination devices reqwred by the FAA or other State or Federal agency O �R�lrn,�Q �--� k. Electromagnet�c IMerterence. WECS shall be designed and wnstructed SECTION 34 so as not to cause radio and television interference. WIND ENERGY CONVERSION SYSTEMS(WECS) I. Noise Emissions. Noises emanating trom the operetion of WECS shall be Section: in compliance with and regulated by the State of Minnesota Pollution 515-34-1: Purpose and Intent Control Standarcls,Minnesota Regulations NPC 1 and 2,as amended. 515-34-2: Application m. Utility Company Interconnedion: No WECS shall be interconnected with 515-34-3: Declaration of Conditions the local elecfical utility company until the utilily company and the City 515-34-4: Site Plan Drawing I Util' ana er have review and aooroved sueh ro I. Th il' �:s�+�� ity V�g�____ p_po�e__ _ - 515-34-5: Compliance with State Building Code nnanaax pr+d the anolicant shall neaotiate an interconnection for anv �'� o.M.a:��a�v� 515-34-6: Compliance with National Electrical Code excess oower aenerated. The mterconnection of the WECS with the utility company shall adhere to the National Electrical Code as adopted by the 515-34-7: Manufacturer Wamu�ty City. All connecting power lines shall be buried underground. 515-34-8: Design Standards 515-34-9: Omamental Wind Devices 10. OrnameMal Wind Deviees. Ornemental wind devices that are not a 515-34-]0: Building Permit Required WECS shall be exempt from the provisions of this Section and shall 515-34-11: Inspection wnform to other applicable provisions of this Chapter and the Ciry Code. 515-34-12: Abandonment 71. Bullding PermR Requlred. A building pertnft shall be requved for the installation M a WECS in the City. 515-34-1: Purpose and Intent The purpose of this Section is to establish standards and 12. Inspectton. The City hereby reserves the right upon usuing any WECS procedures by which the installation and operation of wind energy conversion systems and small condftional use pertnit or administrative pertnit to inspect the premises on which the WECS is bcated. If a WECS is not maintamed in operetional wind energy conversion systems s6a0 be governed within ihe City. condkion and poses a poteMial safety hazard, the owner shall upon written notice from the Cily,take expeditious adion to correct the situation. 515-34-2: Application. 13. Abandonment Any WECS or tower which is not used for six (6) succeasive rtwMhs shall be deemed abandoned and shall be dismantled A. Wind ener conversion s stems WECS ma be allowed as an accesso and removed from the property at the e�ense of the property owner. SY Y � ) Y ry>conditional use subject to the regulations and requirements of this Secrion,provided the properiy upon which the system is to be located is zoned R-A,B-1,B-2,B3,B-4,B-5,I-1 or I-2 Section 3. Effeetive Date. This ordinance shall be in fuA force and effecc immediatey and is located on a parcel of land of at least five(5)acres in size. following its passage and publication. B. Small wind conversion systems as defined by Section 2 of this Ordinance may be ADOPTED by the Mayor and City Council of Delano,Mmnesota this_day of allowed as an accessory use in residential districts provided the following conditions are 2009 met: 1. The small wind conversion system meets the required principal building setbacks. 2. The small wind conversion system extends no more than five(5)feet above the Joseph McDonald,Mayor height of the principal building. 3. The proposed small wind conversion system will not block,interfere or otherwise impair a scenic visia or corridor or the view of an adjoining residential building. 4. 1'he small wind conversion system meets all MPCA standards for noise emissions. Brainerd Zoning Ordinance Wind Energy Conversion Systems(WECS) 34-I 5. The primary purpose of the small wind conversion system will be to provide E. Sketch elevation of the premises accurately depicting the proposed WECS and its power for the principal use of the property and shall not be for the generation of relationship to structures on adjacent lots. power for commercial purposes,although this provision shall not be interpreted to prohibit the sale of excess power generated from the system back to the public uUGtY• 515-34-5: Compliance wit6 State Bailding Code. Standard drawings of the structural components of the wind energy conversion system and support structures, including base and 6. Approval of an Adminisuative Permit in accordance with Section 9 of this footings shall be provided along with the engineering data and calculations to demonstrate Ordinance shall be required for installation of a small wind energy conversion compliance with the structural design provisions of the State Building Code especially with system. Such application shall be accompanied by a site plan drawn in sufficient regards to wind and icing loads. Drawings and engineering calculations shall be certified by a detail to cleazly describe the following: registered engineer. a. Property lines and physical dimensions of the site. 515-34-6: Coropliance with National Electrical Code. WECS elecuical equipment and b. Location, approximate dimensions and types of existing buildings and connections shall be designed and installed in adherence to ihe Narional Electrical Code as structures on site. adopted by the City. c. Proposed location and elevation of the proposed system. 515-34-7: Manufacturer Warranty. The applicant shall provide dacumentation or other d. Location of all aboveground utility lines on site or within one radius of the evidence from the dealer or manufactiu�er that the WECS has been successfully operated in total height of the system. atmospheric conditions similaz to the conditions within the City. The VJECS shall be warranted against any system failures reasonably expected in severe weathet opetation conditions. e. Include make,model,picture and manufacturer's specifications,including noise d�ibels. 515-34-8: Design Standards. 515-34-3: Declarstioo of Conditiona. The City Council may impose such oonditions on A. Height. 'Phe permitted maximum height of a WF,CS shall be determined in one of two fhe granting of WECS Conditional Use Permit as may be necessary to carry out the purpose and ways. In determining the height of the WECS,the total height of the system shall be provisions of this Section and to maintain compatibility. included. System height shall be measured from die base of the tower to the highest possible extension of the rotot as follows: 515-34-4: Site Plan Drawing. All epplications for a WECS Conditional Use Permit shall 1. A one(1)foot to one(1)foot ratio of the closest property line distance to WECS be accompanied by a detailed site plan drawn to scale and dimensioned,displaying the following base and the system height. information: A. Lot lines and dimensions. 2• A maximum system height of one hundred fifty(150)feet. The shortest height of the two above mendoned methods shall be used in decermining the B. Location and height of all buildings,sWctures,above ground ucilities,and trees on the maximum allowable height of a WECS system. The height of a WECS must also lot,including both e�sting and proposed structures and guy wires anchors. comply with FAA Regulation Part 77"Objects Affecting Navigable A'v Space"and/or MnDOT Rule 14, MCAR 1.3015 "Criteria for Determining Obstruction to A'v C. Locations and height of all adjacent buildings,structures,above ground utilities and trees Naviga6on." located within three hundred fifty(350)feet of ihe exterior boundaries of the property in question. B. Setbacks. No part of a WECS(including guy wire anchors)shail be locaud within or above any requited front,side or rear yatd setback and no part of the system shall be D. Existing and proposed setbacks of all structures located on the property in question. within ten(10)feet of any property line,whichever is greater. WECS towers shall be setback from the closest property line one (1) foot for every one (1) foot of system height. WECS shall not be located within fifty(50)feet of an above ground utility line. Brainerd Zoning Ordinance Wind Energy Conversion Systems(VJECS) 342 Brainerd Zoning Ordinance Wind EnergY Conversion Systems(WECS) 34-3 C. Rotor Size. A11 WECS rotors shall not have rotor dimensions greater than twenty-six L. Electromagnetic Interference. WECS shall be designed and constructed so as not to (26)feet. cause radio and television interference. D. Rotor Clearance. Blade-ares created by the WECS shall have a minimum of thirty(30) M. Noise Emissions. Noises emanating firom the operation of WECS shall be in compliance feet of clearance over any structure or ttee within a two 6undred(200)foot radius. with and regulated by the State of Minnesota Pollution Control Standards,Minnesota Regulations NPC I and 2,as amended. E. Rotor Design. The blade design and materials are to be designed and constructed to ensure safe opetation in an utban/rural atea. N. Utility Company Interconnection. No WECS shall be interconnected with the local electrical utility company until the utility company and the City Engineer have F. Rotor Safety. Each WECS shall be equipped with both a manual and sutomatic braking commented upon such proposai. The interconnection of the WECS with the utility device capable of stopping WECS operation in high wind(forty(40)MPH or greater)or company shall adhere to the National Electrical Code as adopted by the City. in conditions of imbalance. G. Ligh�ing Protection. Each WECS shall be grounded to protect against natural lighming 515-34-9: Ornemental Wind Devices. Omamental wind devices that are not a WECS shall strikes in conformance with the National Electrical Code as adopted by the CiTy. be exempt from the provisions of this Section and shaU conform to other applicable provisions of this Chapter and the City Code. H. Component Compatibility. The Wind turbine and wind curbine tower are to be desigied and constructed to be compatible. 515-34-10: Building Permit Required. A building permit shall be required for the I. Tower Access. To prevent unauthorized climbing,WECS towers must comply with one installatian of a WECS in the City. of the following provision: 1. Tower climbing apparatus shali not be located within twelve (12) feet of the 515-34-11: Inapection. The City hereby reserves the right upon issuing any WECS ground. Conditional Use Permit to inspect the premises on which the WECS is located. If a WECS is not maintai�ed in operational condition and poses a poterrtial safety hazard,the owner shall upon 2. A locked anti-climb device shall be installed on the tower. written notice from the City,take expeditious action to correct the situation. 3. Tower capable of being climbed shail be enclosed by a locked,pmtective fence at least eight(8)feet high. 515-3412: Abandonment Any WECS or tower which is not used for six(6)successive months shall be deemed abandoned and shall be dismantled and removed from the property at J. Signs. WECS shall have one(1)sign,not to exceed two(2)square feet at the base of the the expense of the property owner. tower and said si�shall contain the following information: 1. Warning high voltage. 2. Manufacturer's name. 3. Emergency phone number. 4. Emergency shutdown procedures. K. Lighfiing. WECS shall not have affixed or attached any lights,reflectors,flashers or any other illumination,except fot illumination devices required by FAA Regulations Part 77 "Objectives Affecring Navigable Air Space"and Lighting." Brainerd Zoning Ordinance Wind Energy Conversion Systems(WECS) grainerd Zoning Ordinance R'ind Energy Conversion Systems(WECS) 34-4 345 t�`lv�n�- � �I�l/��- �Es�/U��UN S PC Exhibit D �y PLYMOUTH ZONING ORDINANCE swales, waterways, creeks, rivers, lakes, streams, wetland areas, and any other open surface water flow which is the result of storm water or ground water discharge. This SECTION 21173—WIND ENERGY CONVERSION SYSTEM(WECS) term does not include man-made piping systems commonly referred to as storrn sewers. Wetland. Land which is annually subject to periodic or continual inundation by water 21173.01. PREEMPTION AND APPLICABILITY: WECS that have a combined and commonly referred to as a bog,swamp,or marsh. nameplate capacity of 5,000 kilowatts or moro are regulated by the state,and aze preempted from the regulations of this Section. This Section applies only to WECS that have a combined Wind Energy Conversion Syatems (WECS). Any device such as a wind charger, nameplate capacity of less than 5,000 kilowaus. windmill,or wind turbine,which converts wind energy to a form of useable energy. Wind Energy Converoion System,Small. A wind energy conversion system consists of 21173.02. PURPOSE AND IN7'ENT: The piupose of this Section is to establish a wind turbine and associated control or conversion electronics and is used primarily to predictable and balanced regulations for the esffiblishment of WECS in the locations and reduce on-site consumption of utility power. Small wind energy conversion systems are circumstances under which the use may be established without detriment to the public health an administrative accessory use in residential districts and shall be attached to an existing safety and welFare of neighboring property owners or occupants. principal building. A small wind energy conversion system shall not exceed a rated capacity of 100 kWh. 21173.03. GENERAL REQUIREMENTS: The following requirements shall apply to all Yard. A required open space on a lot which is unoccupied and unobstructed by a WECS: structure from its lowest level to the sky except as permitted by this Ordinance.The yard extends along the lot line at right angles to such lot line to a depth or width specified in Subd.1. WECS shall be allowed as an accessory structure. the setback regulations for the zoning district in which such lot is located. Subd.2. The monopole or building upon which ihe proposed WECS is to be Yard,Front. A yard extending along the full width of the front lot line between side lot mounted shall have the structural integrity to carry the weight and wind loads of the WECS and lines and extending from the abutting street right-of-way line to depth required in the to accommodate its vibration impacts, as documented in writing by a licensed structural setback regulations for the zoning in which such lot is located. engineer. Yard,Rear. The portion of the yard on the same lot with the principal building located Subd.3. WECS and any related equipment shall comply with the noise regulations between the reaz line of the building and the rear lot line and extending for the full width estabtished in Section 2025 of the City Code. of the lot. Subd.4. WECS shall be equipped with an overspeed control device. Yard,Side. The yard extettding along the side lot line between the front yard and reaz yards to a depth or width required by setback requirements for the zoning disirict in which Subd.5. WECS,including the blades ar mtors,shall be grounded and shielded in such lot is located. conformance with the National Elecvical Code. Zero Lot Line. The reduction of side yard setback requirements to zero,permitting the Subd.6. The compatibility of the blades or rotors with the generator shall be placement of a structure near or adjacent to the side yard lot line.With zero lot line no certified by a licensed engineer. portion of the structure or accessory appurtenance shall project over the lot line. Zoning Administrator. The duly appointed person charged with enforcement of this Subd.7. WECS shall be filtered,shielded or otherwise designed and constructed so Ordinance. as not to cause elechical,radio frequency,television,or other wmmunication signal interference. Zoning Amendment. A change authorized by the City either in the allowed use within a Subd.8. WECS and their related support and equipment shall be a non-conuasting district or in the boundaries of a district. color such as pale grey or white or shall have a galvanized finish to reduce visual impact,unless otherwise requited by the Federal Aviation Administration. Zooing District. An area or areas within the limits of the City for which the regulations Sabd.9. Except those devices required by the Federal Aviation Administration,no and requirements governing use are uniform as defined by this Ordinance. lights,reflectors, flashers or any other type of illuminarion shall be attached to a WECS ar celated support or equipment Brainerd Zoning Ordinaace Rules and Defmitions 2-36 21173-1 PLYMOUTH ZONING ORDINANCE PLYMOUTH ZONING ORDINANCE Sabd.10. Except for required safety signage, no other signage, writing, picNres, flags, streamers, or decorative items shall be attached to a WECS or related support or Subd.10. Freestanding WECS shall not include tower climbing apparatus within equipment, twelve feet of the ground. Sabd.11. WECS shall be self-supporting without the use of guy wires or similaz Subd.11. Freestanding WECS shall display a sign posted at the base of the tower, features. not to exceed two squaze feet in azea,containing the foilowing information. Subd.12. Obsolete WECS and any related support or equipment shall be removed (a) A waming of danger to unauthorized persons. within twelve months of cessation of operating,unless an exempHon is granted by the Zoning Administrator. (b) The WECS manufacturer's name. 21173.04. ADDITIONAL REQUIREMENTS FOR FREESTANDING WECS: In (c) Emergency shutdown procedures. addition to the generai requirements specified in Subsection 21173.03 of this Section, &eestanding WECS shall comply with the following requirements: 21173.05. ADDITIONAL REQUIItEMENTS FOR ROOFI'OP WECS: In addition to Subd.1. Freestanding WECS shall be constructed using a monopole design of 1he general requiremenu specified in Subsection 21173.03 of this Section,rooftop WECS shall tubulaz steel. comply with the following requirements: Subd.1. Not more than one rooftop WECS shall be pecmitted per single-family Snbd.2. Not more than one freestanding WECS shall be permitted per lot. dwelling. The number of moftop WECS shall not be limited for other principal buildings. Sabd.3. Freestanding WECS shall not exceed 50 feet in height,as measured&om Subd.2. Rooftop WECS shall not exceed 15 feet in height,as measured from the the grade level at the base of the tower to ihe highest possible eactension of the blades,rotors or highest element of the roof segment to which the WECS is attached(e.g.,peak for pitched roofs, similaz feature of the WECS. parapet for flat roofs)to the highest possible extension of the blades,mtors or similaz feature of the WECS. Subd.4. Freestanding WECS shall not be located within a&ont yard,unless the yard qualifies as an equivalent side or rear yazd. Subd.3. Rooftop WECS shall be set back not less than 10 feet from exterior walls of the building. Subd.5. Freestanding WECS shall be set back from all lot lines,from any habitable structure(e.g.,dwelling,school,business),from any recreational facility(e.g.,playfield,rink), and from lakes,wetlands,and ponds a distance that is at least equa(to the height of the WECS. 21173.06. SUBNIITTAL REQUIItEMENTS: An applicant for a WECS shall provide the following: Subd.6. Lot line setbacks may be reduced for projects with joint ownership of a freestanding WECS between two or more abutting landowners. Prior to issuance of a building Sobd.1. Information that demonstrates conformance to the requirements specified permit,the applicant shall submit recorded copies of covenants or easements prohibiting the in Subsections 21173.03,21173.04,and 21173.05 of this Section,as applicable. construction of habitable buildings within a distance equal to the height of the WECS on all effected properties. Subd.2. Application materials required for an adminisirative permit,as outlined in Section 21025 of this Chapter, Snbd.7. Freesffinding WECS shall not be located within a roquired wetland buffer strip,within a bluff impact zone,or on slopes within the shoreland management overlay district Sabd.3. Technical specifications for the WECS including, but not limited to, that are over 12 percent as measured over horizontal distances of 50 feet or more. height,blade or rotor length,operating parameters,IigMning protection,anticipated noise levels Subd.H. No portion of a freestanding WECS including the full arc area created by at the lot lines,and other information deemed necessary to review the application. any blade,rotor or other portion of the R'ECS shall extend over a drainage or utility easement, Subd.4. For freestanding WECS, a certified survey showing lot lines, existing over a parking lot,over an accessory building,or over or under an overhead utility line. structures,easements,above-ground utilities,elevations,weUands,ponds,lakes,streetns,and the Subd.9. The lowest eactent of any blade or mtor on a freestanding WEC5 shall be proposed location for the WECS, including the dimensions between lot lines and the nearest not less than 30 feet above the ground. projection of WECS blades or rotors. 21173-2 21173-3 l�1�-�nl►�/ � Section 11.01:Zoning Ordinance PLYMOUTH ZONING ORDINANCE Subdivision 9.4:Utility and Communication Uses Sobd.5. For freestanding WECS,an inventory(in conformance with Section 530 9•4 Udtity and Commanication Uses of the City Code)of significant trees proposed to be removed within the construction area for the A. Wind Energy Conversion Systans(WECS) WECS shall be provided for alt uses except single-family residential uses. 1. Intent The intent of this Subdivision is to promote safe, effective and efficient use of alternative energy sources and (Amended by Ord.No.2013-11,04/23/13) systems as the technology becomes available.The intent is also to establish standazds and procedures by which the installation and operation of wind energy conversion systems(WECS)shall be govemed within the City. 2. Pcocedure. a. The erection of wind energy conversion system shall require a Conditional Use Permit,subject[o the requirements of this Subdivision 8.2I:Condiuonal Use Permit. b. Wmd energy conversion systems(WECS)govemed by this Subdrwsion shall be allowed within the PB—Public Building wning districts. 3. Submittal Requirements. a. Site Plan Drawing.All applications for a WECS Condidonal Use Permit shall be accompanied by a detailed certified survey/site plaa drawn to scale and dimensioned,displaying the following infotmation: (1)Lot lines and dimensions; (2) Location and height of all buildings,structures,aboveground utilities and trees on the lot,including both existing and proposed sauctures and guy wire anchors. (3)Location and height of all adjacent buildings,structutes,aboveground utilities and trees located wit6in three hundred fifty(350)feet of the exterior boundaries of the property in quesaon; (4) An elevation drawing of the premises accurately depicting the proposed WECS and its relatioaship to structures on the subject site and adjacent lots. (5)Existing and proposed setbacks of all strucmres located on the property in quesUon. b. Additionai Submiaal Requirements.In addidon to the informa4on requ'ved elsewhere in this Ordinance,development applications for WECS,and temporary towers for meteomlogical equipment shall include the following supplemental information: (1) A signi5cant tree inventory in conformance with Subdivision 10.5:Slopes/ Woodland Protection,Preservation and Replacement showing the loss of significant trees within the construction area for the WECS and/or tempotary meteorological tower; (2) A lettet or copy of the review response from the Federal Aviation Administration conceming the development application and their reyuirements for warning dev�ces,height restrictions,etc; (3) The technical specifications for the WECS including,but not limited to,the type, height,blade length,operadng parameters,the anticipated sound level at the property line,and lightning protection;and (4)Cleazance distance between the farthest extensions of the WECS blades to the pmperty lines. 21173-4 96 Chapter 11:Plantung and Development Section 11.01:Zoning Ordinance Sec[ion 11.01:Zoning Ordinance Subdivis�on 9.4 Ufility and Communicadon Uses Subdivision 9.4:Utility and CommunicaUon Uses 4. Criteria for Approval. (1)Any public road right—of—way,unless written pernvssion is granted by the a. Declazation of Condifions.The Planning Commission may recommend and the City govemmental endty with jurisdiction over the road; Council may impose such conditlons on the granting of a WECS conditional use (2)Any overhead udlity lines,unless written permission is granted from the affected permit as may be necessary to carry out the purpose and provisions of this utility;and Subdivision.T'he Council must consider the following criteria m determining whether (3)All ptoperty lines,unless written peraussion is granted from the affected property to grant or deny a conditional use pemdt for a Wind Energy Conversion System owner or oeighbor. (WECS): e. Rotor Size.All WECS rotors shall not have rotor diameters greater than forty—five (1)T'he proposed R'ECS compliance with the performance standards described in (45)feet. this Subpart; (2)The potenaal for the WECS to cause a condition that may pose an unreasonable f. Rotor Clearance.Blade azcs created by the WECS shall have a minimum of thirty (30)feet of clearance over any structure or tree within a two hundred(200)foot threat or cause unreasonable damage to any other property or peison;and radius. (3)1'he proposed WECS impact on the environment and on the visual image of the g. Rotor Safetv.Fach WECS shall be equipped with both a manual and automatic surrounding area, braking device capable of stopping the WECS operadon in high winds(40mph or 5. PerFormance Standards. ��)• a. Number of Systems.No more than one(1)wind energy conversion system(WECS) h. Color and Finish.All wind turbines and towers shall be white,gray,or another non— shall be perntitted per lot. obtrusive color.Fnishes shall be matte or non—reflecdve. b. Ca a i .A wind energy conversion system _ , ��, i. Tower Access.To prevent unauthorized climbing,WF,CS rowers must comply with shall have a nameplate capacity of forty(40) '� '�, one of the following provisions: }nlowatts or less. M,,;�, (1)Tower climbing apparatus shall not be Iceated within twelve(12)feet of the c. Hei¢ht.The pemutted maximum height of a '�� ��� ground. n � �, WECS shall be determined in one of[Ite �----- ------1 � (2)A locked anti—climb device shall be installed on the tower. following two ways.In deterndning the height of the WECS,the total height of the system shall (3)Towers capable of being climbed shall be enclosed by a locked,protective fence be measured from the base of the tower to the at least siz(6)feet high. center of the systems hub(also]mown as the hub _ k. Si n.WECS shall have one(1)sign,not w exceed two(2)square feet posted at the height). base of the tower and said shall contain the following informadon: (1)A rado of one foot to one foot(1':1') between the distance of the closest property (1)Waming high voltage. line to the base of the WECS to the height of (2)Manufacturer's name. the system. T"'" (3)Emergency phone number. (2)A maximum system heig6t of one hundred (4)Emergency shutdown procedures. twenty—five(125)feet.The City Council, 1. Li n .WP,CS shall not have affixed or attached li ts,reflectois,tlashers,or an at its discretion,may waive the maximum —�--g � Y system height requirements provided the other IDumina6on except for illumination devices required by FAA regulations part City Council finds that the overall height is 77'Objects Ajjecting Nmigable Air Space'and FAA Advisory circular 70/7460— not feasible for the WECS to function /K'Objects Marking and Lighting'. properly in the proposed location based on � m Electromaenetic Interference.WECS shall be designed and conswcted so as not to meteorological data that was taken. �.++ cause radio and television interference. The shortest height of the two above mendoned methods shall be used in determining n. Noise Emission.Audible noise from wind energy facilities shall not exceed fifty(50) the maximum allowable height of a WECS system.The height of a WECS must also dB(A)when measured from the outside of the nearest residence,business,sc600l, comply with FAA regu[ations part 77'Objects A,Q`'ecNng Navigable Air Space'and/ hospital,celigious instimtion,or othet inhabited s4vcture.In the event the noise or MNDOT Rule 14,MCAR 1.3015(Minnesow Administrative Rule 88001200 emitted from the wind energy facility contains a steady pure tone such as a whine, `Criter�a for Determining Obstruction to Air Navigation'). screech,or htun the wind energy facility shal]not excxed forty—five(45)dB(A) d. Setbac .WECS shall be set back a distance equal to its height from the following: when measured outside the nearest int�abitable swcture.The audible noise from Chapter 11:Planning and Development 97 9$ Chapur 11:Planning and Develop�nt Section 11.01:Zoning Ordinance Sxdon 11 Ol:Zoning Ordmence Subdivis�on 9.4 Utility and Communicatlon Uses Subdivision 9.4.Utility and Communication Uses wind energy facilities may periodically exceed allowable noise levels during extreme temporary tower shall be removed within thirty(30)days from the cessation of wind events(winds above 30 mph or greater). operation at the site. o. Utility Comnanv Interconnecrion.No WECS shall be interconnected with a lacal c. 'fhe tower shall be temporary by nature and at�all not have permanent foundations. electrical utility company until the utility company has reviewed and comments upon Guy wires may be used as bng as t6e connecdons to the ground are temporary and it.All connections shall be underground. the wires are designed to support the wind and ice load of the tower. p. Comnliance with State Building Code.A standard drawing of the at�uctural d. T6e tower shall mcet the minimum wind and ice load design required by the City components of the wind energy conversion system and support sltucmres,including Code and the Unifortn Building code. base and footings shall be provided along with engineering date and calculations to e. The tower and any related guy wires shall be protected against unauthorizecl demonstrate compliance with the structural design provisious of the State Building climbing. Code.Drawings and engineering calculations shall be certified by a registered engineer. f. 1'he tower shall be set back a distance at least equal to its height from any lot line, q. Compliance with National Electrical Code.WECS elecvical equipment and recreaUonal field,dwelling,school,business or other habitable structure. connection shall be designed and installed in adherence to the National Electrical g. The tower shall be grounded and shielded to protect against natural lightning strikes, Code. in conformance with the Nadonal Elecaical Code. r. Manufacturer Wazrantv.The applicant shall provide documentaflon or other evidence h. No tower shall t�ave affued or attached lights,reflectors,flashers or any other from the dealer or manufacturer that the WECS has been successfully operated in illuminadon,except for those devices required by the Federal Aviadon atrttospheric conditiona similaz to the conditions within the City of Mahtomedi.l'he Administration. WECS shall be warranted against any system failures reasonable expected in severe B. Solar Equipment and Solar Righfs weather opetatioa coaditions. 1. Solar equipment shall be consistent with the setback and height requirements of the 6. Inapection.The City hecby reserves the right upon issuing any WECS condidonal use principal or accessory building,whichever is applicable.Solaz equipment that is not perntit to inspect the premises on which the WECS is located.If a WECS is not consistent with the setback and height requirements may be considered pursuant to the maintained in operational condiNons and poses a potential safety hazard,the owner shall conditional use permit procedures as specified in Subdivision 8.21:Conditional Use take expedidous action to correct the situation. Pe�i� 7. Abandontnent.A wind energy conversion system that is out of service for a continuous 2. No person in control of property shall allow a tree or shrub to be placed or grow as to cast twelve(12)month petiod shall be deemed to 6ave been abandoned.The Zoning a shadow between the hours of 9:00 a.m.and 3:00 p.m.upon a solat collector energy Administrator or other Authorized Agent may issue a notice of abandonment to the system capabie of generating more than one million(1,000,000)British thermal units owner of the wind energy facility that is deemed to have been abandoned.The owner (BT'Us)per year,and that supplies a part of energy requirements for improvements on the shall have the right to respond to the notice of abandonment wiUtin thirty(30)days of proparty where the solar energy system is permanendy located. notice receipt date.The Zoning Administrator or other Authorized Agent shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provided inforn�aaon thaz demonstrates the Wind Energy Conversion System has notbeen abandoned. If the wind energy conversion system is determined to be abandoned,the owner of the WECS shall remove the WECS and retum the property in w6ich tl�WF.CS was]ceated on to its original condition prior to t6e placement of a WECS,at the owner's sole ezpense within three(3)months of receipt of notice of abandonment.If tlte owner fails to remove the WECS,the Zoning Administrator or other Authorized Agent may pursue a legal acdon to have the wind generator removed at the owners expense. 8. Temporary Meteorological Equipment Temporazy meuorological equipment located upon a temporary tower used on an interim basis to gather wind and meteorological data to determine feasibility of the WECS shall require written approval by the Zoning Adminishator or other Authorized Agent,and shall comply with the following standards: a. No more than one(1)such temporary tower shall be permitted on a lot at one time. b. The tower shall be plued on property for no longer tAan eighteen(18)months from the date of the Adroinistrative Review issuance.Any abendonal or obsolete Chapter 11:Planning and Development 99 l00 Chapter 1 I:Planning and Development �ne rvt�awese r�emm�g ts���t»smeu wnn maaei oramenas rage�ot o MAC WIND ENERGY SYSTEMS TECHNICAL COMMITTEE FINAL DRA 18/1009 SMALL WIND BNERGY CONVERSION SYSTEMS The Midwest Plannin��BLUZ MODELORDINANCE The biog on land use and zoning SMALL WIND ENERGY CONVERSION SYSTEMS MODEL ORDINANCE • Home SEC'fION I- INTENT • About • Contributors The intent of this ordinance is to balance the need for clean,renewable energy resources and • Local Food SVstems Diotect the necessity to protect the public health, safety and welfare of the wmmunity. The • Intro to Plannina and Zonin¢Workshons [Ciry/CounryJ finds these regulations are necessary to ensure that Small Wind Energy • Floodina in Iowa vroiect Conversion Systems are appropriately designed,sited and installed. • Switcher SECTION II- DEFINTTIONS � HEIGHT TOTAL SYSTEM:The height above grade of the aystem,including the generating � Archive unit and the highest vertical extension of any blades or rotors. � Posts Tagged`small wind model ordinances' LOT(or Parcel): Any legally established lot or percel which contains or could contain a permitted or permitted conditional principal use as provided by[Chap[er/Subchap(er/Arricle] � Model small vvind ordinances now available on the web _oe��g caae. FO F GRID:An electrical system that is not connected to utility distribution and trensmission �` March 14th,2010 facilities or to any building or strueturo that is connected. � 1 comment � SHADOW FLICKER: Changing light intensity caused by sunlight through the moving by Gary Taylor bledes of a wind energy conversion system. O In 2009,the Iowa Legislature passed HF 810,(now codified at Iowa Code 476.48)which created the � SM,4I,L WIND ENERGY CONV�RSION SYSTEM(S WECS):A wind energy conversion � Small Wind Innovation Zone Pmgram. This bill permitted ciries and coundes to to create small wind system which has a nameplate rated capacity of up to fifteen(15)kilowatts for residential innovation zoaes for the purposes of promoting small wind pmduction. If a city or county creates a uses and disuicts and up to one hundred (100) kilowatts for commercial, and industrial small wind innovation wne,landowners who install wind generation facilities become eligible for a districts and which is incidental and subordinate to a principal use on the seme parcel. A � state tax credit(although it is highly uncertain at this time whether the Legislature will fund this tax system is considered a SWECS only if it supplies electrical power solely for use by the (.. credit program tlus ye8r). As part of the p[ocess of creating a small wind innovarion zone,lowa Code owner on the site,e�ccept that when a pareel on which the system is installed also receives 476.48 requires the city/county to adopt a model otdinance for regulating stnall wind electrical power supplied by e utility compeny,excess electrical power generated and not generation equipment. The ordinance was to be developed by a small wind innovation wne preseritly needed by the owner for on site use may be used by the utility company in committee made up of representatives from the League of Cities,Iowa State Assceiation of Couttties, accordance with section 199,chapter 15.1 l(5)of the Iowa administrative code,as amended � Iowa Environmental Council,the wind energy association,and utilties reptesentatives. The bill from time to time. required the League and ISAC to make the model ordinance available on the web. After several monttis of work by the committee the mode!ordinance is available on the League's website(thia link SMA�L W1ND ENERGY CONVERSION SYSTEM.FREE STANDING:A SWECS which takes Vou to the Lea¢uel. is elevated by means of a monopole tower only and is not located on another suppotting structure except that the tower shall have en appropriately wnstructed concrete base. Guyed, In a effort that was already ongoing when HF 810 was passed the Des Moines Melropolitan Advisory lettice,or other non-monopole style towers shall not meet this definition. Council also created a model wind ordinance. MAC believes that this ordinance is better suited fox use in urban areas than the model ordinance put forth by the committee. It is also available on the SMALL WIIVD ENERGY CONVERSION SYSTEM,HORIZONTAL AXIS:A small wind same League website. energy conversion system that has blades which rotste through a horizontal plane. lowa leaislation,Wind and solar eneravIowa Code 476 48 �a�1 wind model otdinances � �'$f� c�ns.�as.u�o���b��s.�nr..w�.r�•••�ee.atan..oeWw+a�+o.nonaiu.ucw�ewe.taee� Pflge 1 of7 http.//blogs extmsion.lestete edu/plenningBLU1/tng/small-wind-model-ordina�es/ 11/132014 � O MAC R'IND ENERGY SYSTEMS TECHNICAL COMMIITEE FINAL DRAFI':13/lE/Z009 MAC WIND ENERCY SYSTEM9 TECHNICAL COMMITI'EE FINAL DRAPT:1Z/1M2009 SMALL VVIND ENERGY CONVERSION 3Y3TBMS 9MALL WIND ENERGV COIVVERSIOIV SYSTEM9 MODEL ORDINANCE MODEL ORDINANCE SMALL WIND ENERGY CONVERSION SYSTEM BUILDING MOtJNTED:A SWECS a. Residential Use:No more than one(1)freestending SWECS may be placed on any which is securely fastened to any portion of a principal building in order to achieve desired parcel or lot zoned for residential use. Building mounted SWECS shell be prohibited elevation,whether attached directiy to the principal building or attached to a tower structure on any parcel ar lot containing a one(1)or two(2)family use. which is in turn fastened to the principal building. b. Commercial, Industrial, and Institutional Use:No more than one (1) freestanding SMALL W1ND ENERGY CONVERSION SYSTEM. VERTICAL AXIS: A small wind SWECS may be placed any parcel or lot with a commercial,industriel,or institutional energy conversion system that has blades whicfi rotate through a vertical plane. use that is taller then the tallest existing principal building located on said parcel or lot. Additional freestanding SWECS which confortr� to setback requiremenb TOWER:The vertical component of a wind energy conversion system that elevates the wind contained herein and which are no taller than the tallest existing principal building turbine genetator and attached blades above the ground. located on said parcel or lot may be allowed. Additional buiiding mounted SWECS may be allowed within the paremeters herein below. However,in no case shall the WIND ENERGY CONVERSION SYS1'EM(WECSI:An aggregation of parts including the genereting capacity of aggrogated SWECS exceed anticipated energy needs for on foundation, base, tower, generatot, rotor, blades, suppocts, guy wires and accessory site consumption. equipment such es utility interconnect and battery banks, etc., in such configuration es necessary to convert the power of wind into mechanical or elechical energy, e.g., wind c. Mixed Use: Any building containing both rosidential and commercial uses or charger,windmill or wind turbine. described as a"Mixed Use"building,shall be considered to be a commercial use for the purposes of this[Chapter/Subchapter/Arficle]. WIND TURBINE GEIVERATOR:The component of a wind energy conversion system that transfomis mechenical energy from the wind into electrical energy. 5. Tower: Only monopole towers shall be permitted for freestanding S WECS. Lattice, guyed or towers of eny other type shall not be considered to be in compliance with this [Chapter/Subchapter/Article]. SECTION III-GENERAL REGULATION3 6. Color:Freestanding SWECS shall be a neutral colot such as white,sky blue or light gray. 1. [Conditlonal/Specinl Use]:A Small Wind Energy Conversion System(SWECS)shall be Building mounted SWECS shall match the color of the building on which it is mounted. allowed only as a[Conditional/Specral Use]accessory use to a permitted principal use or Other colors may be allowed at the discretion of the[Board of Adjushnent]. The surface approved permitted[Conditional/Special Use]principal use. shall be non-reflective. 2. Zoning: SWECS may be allowed in all zoning districts subject to the provisions 7. LighGng: No lights shall be installed on the tower, unlesa required to meet FAA contained heroin and elsewhere within[Cfty/County]code. regulations. 3. Permit Required: 8. Signage: No signage or advertising of any kind shall be permitted on the tower or any ' associated structures. a. It shall be unlawful to construct,erect,install,alter or locate any SWECS within the [City/Counryj of , unless a permitted [Condrtiona!/Special Use] use 9. Climbing Apparatus:The tower must be designed to provent climbing within the first ten permit has been obtained from the [Board of Adjustment]. The permitted feet(!0'). [ConditionaUSpecial Use]use permit may be revoked by resolution of the[Board of Adjustment]any time the approved system does not comply with the rules set forth in 10.Maintenance: Facilities shall be well maintained in accordance with manufacturer's this chapter and the conditions imposed by che [Board of Adjustment]. The specifications and shall remain in en opetational condition that poses no potential safety owner/operator of the SWECS must also obtain eny other permits required by other hazerd nor is in violation of any provisions contained within this federal,state and local agencies/departments prior to consWcting the system. [Chapfer/Su6chapler/Arlicle]or elsewhete within the[Ciry/County]code. 4. Number Of Systems Per Zoning Lot: 11.Displacement Of Parking Prohibited:1'he location of the SWECS shall not result in the net loss of mquired parking as specified elsewhere in the[Ciry/County]wning code. c�..�es.mw�s.n�r«�.r�w.nc�nso�wxxv+aw�:ia.ucwma�ada�. PSgC20f7 e�..�..�.wswv�i�m��r•mw�rn�.�ew.�comxo�maw+ace+e�+w�uia.+,�c.n�er�riaae.� Page3of7 MAC WINL .tCY SYSTEMS TECHNICAL COMMITTEB FIIVAL RRART:12/IS/2009 MAC N'IND ENERGY SYSTEMS TECHMCAL COMMITTEE FINAL DRA '1�1��4 SMALL WIND ENERGY CONVER3ION SYSTEMS 3MALL WIND ENERCY CONVERSION 3Y9TEM3 MODEL ORDINANCE 1NODEL ORDINANCE 12.Utility Notification:The[Ciry/County]shall notify the utility of receipt of en application and/or protect access to sufficient wind as may or may not be necessary to operate the to install an interconnected customer-owned generator.Off-grid systems shell be exempt SWECS. from this notification requirement. 21.Insurance: The owner/operator of a SWECS must demonstrate and maintain liability l3.Interconnection: The S WECS, if not ofF grid, shall meet the requiroments for insurance of not less than E coverage. interconnection and operation as set forth by the utility and the lowa utilities board. No permit of any kind shall be issued until the[City/County]has been provided with a copy 22.Engineer Certification:Applications for any SWECS shall be accompanied by stendard of an executed interconnection agrcement. Off-grid systems shall be exempt from this drawings of the wind wrbine structure, including the tower, base, and footings. An requirement. engineering analysis of all components of the SWECS showing compliance with the applicable regulations and certified by an lowa licensed professional engineer shall also l4.Restriction On Use Of Electricity Generated: A SWECS shall be used exclusively to be submitted. supply electrical power to the owner for on site consumption,except that excess electrical . power generated by the SWECS and not presently needed for use by the owner may be 23.Installation: Installation must be done according to manufacturer's recommendations. used by the utility company in accordence with Section 199, Chapter 15.11(5)of the All wiring and electrical work must be compteted according to the applicable building Iowa Administrative Code,as may be subsequently amended. and electric codes. All eleclrical components must meet code recognized test standards. 15.Noise:A SWECS shall be designed,installed and operated so that the noise generated 24.Removal:If the SWECS remains nonfunctional or inoperetive for a continuoua period of daes not exceed the maximum noise levels established elsewhere in the[City/CounryJ six (6) months, the system shall be deemed to be abandoned. The SWECS code. owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire struchue, trensmission equipment and fencing f�om the 16.Shadow Flicker:No SWECS shall be instal(ed and operated so to cause a shadow flicker property excluding foundations. Non-function or lack of operation may be proven by to fall on or in any existipg residentisl sdvcture. reports from the interconnected urility.For off-grid systems the[City/County]shall heve the right to enter the property at its sole discretion to determine if the off-grid system is l7.Safety Controls: Each SWECS shall be equipped with both an automatic and manual generating power.Such generation may be proven by use of an amp meter.The SWECS braking,goveming,or feathering system to prevent unconuolled rotation,over-speeding, owner/operator and successors shall make available to the Director of and excessive pressure on the tower suucture,rotor blades,ot turbine components. Said or their designee all reports to and from the purchaser of energy from eutometic braking system shell also be capable of stopping turbine rotation in the event of the SWECS if requested.If temoval of towers and appurtenant facilities is required,the a power outage so as to prevent back feeding of the grid. Director of or designee shall notify the SWECS owner/operatar. Removal shall be completed within six (6)months of written notice to remove being l8.Shut Off:A clearly marked and easily accessible shut off for the wind turbine will be provided to the owner/operator by the[Ciry/County]of required as detetmined by the[Fire Marshal/Building O�ciaUCommunity Development Director]. . 25.Right Of Entrance:As a condition of approval of a[Conditional/Special UseJ use permit en applicant seeking to install SWECS shall be required to sign e petition and waiver 19.Electromagnetic Interference:All SWECS shall be designed and consttucted so as not to agreement which shall be recorded and run with the land granting permission [o the cause radio and television interference. If it is determined that the SWECS is causing [City/CounryJ of to enter the property to remove the SWECS pursuant electromagnetic interference, the ownedoperator shall take the necessary corrective to the tertns of apptoval and to assure compliance with the other conditions set forth in action to eliminate this interference including relocation or removal of the facilities, the permit. Removal shall be at the expense of the owner/operator and the cost may be subject to the approval of the appropriate [Crry/County]suthority.A permit granting a assessed against the property. SWECS may be revoked if electromagnetic interference from the SWECS becomes evident. 26.Feasibility Study:It is highly rewmmended that a feasibility study be mede of any site . prior to installing a wind turbine.77�e feasibility study should include measuring actual 20.Wind Access Easements:The enactment of this chapter does not constitute the granting wind speeds at the proposed turbine site for at least 3 months. of an easement by the [Crty/County]. The SWECS owner/operator shall have the sole . responsibility to acquire any covenants,easements,or similar dceumentation to assure c�a�..�+..ase�W�.erov.ds.m�nr.mw.>��•�c,M.tioa�vsoRerm�nainonucvn�a�.sa.io�aa� Pege 4 of 7 c��n�as.�eni��o���w+�*aw�.r�+F+�^w"�^�e'�^011T1�P'iid"1pWOid°°` Page 5 of 7 MAC WIND ENERGY SYSTEMS TECHNICAL COMMITTEE PINAL DRAFI':1Z/ 009 MAC WIND ENERGY SY3TEM3 TECHNICAL COMMITTEE F[NAL DRAN7': 2/1 /2 Sb[ALL WIND ENERCY CONVERSION SY3TEM5 SMALL WIND ENERGY CONVER310N 3YS7'EMS MODEL ORDINANCE MODEL ORDINANCE SECTION IV-BULK REGULATIONS a. No pert of a SWECS shall be located within or over drainage,utility or other established easements. l. Setbacks: b. A freestanding SWECS shall be located entirely in the rear yard. a. The minimum distance between any freestanding SWECS and any property line shall be a distance that is equivalent to one hundred fifty percent(150%)of the c. A SWECS shall be located in compliance with the guidelines of applicable total system height. The setback shall be measured from the property line to the Federal Aviation Administration (FAA) regulations es amended from time to point of the S W ECS closest to the property line. time. b. The required setback for any building mounted SWECS shall be equal to the d. No SWECS shall be construcced sathat any part thereof can extend within 20 feet required setback of the principal building to which the SWECS is to be attached at laterally of an overhead electrical power line (exciuding secondary electrical such time that the application to install a building mounted SWECS is received by service lines or service dmps). 'fhe setback from underground electric the[City/County]. distribution lines shall be at least five(5)feet. 2. Maximum Height: Height shal(be measured from the ground to the top of the tower, e. Building mounted SWECS shall be prohibited unless the owner has obtained a including the wind turbine generator and blades. written analysis from an Iowa licensed structural engineer determining that installation of a SWECS will not cause damage to the structure and that the a. For lots of more than one(1)and fewer than three(3)acres,the maximum height SWECS can be securely fastened so as to not pose a hazard caused by detaching shall be 65 feet. from the strvcture. b. For lots of three(3)to seven(7)acres,the maximum height shall be 80 feet. SECTION V- APPLICATION REQUIRED c. For lots of more than seven(7)acres the maximum height shall be 100 feet. 1. Application for SWECS shall be made on forms provided by the [City/Counry] of d. Building mounted SWECS may be a maximum of l0 feet higher than the point of . No action may be taken regarding requests for SWECS until completed attachment to the buiiding on which they are attached. applications have been filed and fees paid. 3. Minimum Lot Size: a. The minimum lot size for a freestanding SWECS shall be one(1)acre. b. The minimum lot size for a building mounted SWECS shall be one{1)acre for any building mounted SWECS to be mounted on a building of less than five(5) stories in height. c. There shall be no minimum lot size for building mounted SWECS to be mounted on buildings of five(5)or more stories in height. 4. Clearance Of Blade:No portion of a horizontal axis SWECS blade shall extend within 30 feet of the ground. No portion of a vertical axis SWECS shall extend within 10 feet of the ground. No blades may extend ovet parking areas,driveways or sidewalks. No blade may extend within 20 feet of the nearest tree,structure or above ground utility facilities. 5. Location: f���m�d����oyg��Tmyms�•��aMp��pMbolV9G1�NLM1�0�1210MACR'mdModdOd.dx Page 6 of 7 cm�d.�as.�An4�o�me�rmw�*r��^"^+���"�i0"1°`'"�"'"°A1oddOid"°` Page 7 of 7 � .. ' � 1!.:" .,. - .-. ' INTRODUCTION , .x,�; h , �:1��a•�';��•'- s j � 'I ,1�`�r-r� T6e gzowth m the number of wiad mecgy convezsion systems(WECS)m M�naesom over the]ast IS yrus �I r�'��' is a remazkabk mnsurement of sust�nabiLty.Wind mecgy 6ns no hacmfiil emissions,teduces greenhouse � i�� gases,capnues bcsl iesoiuces for economtc gaw,and ss frequmfly cost-competxttve wtth othu fo=ms of I' I� q' etectnc gmecaaou But WECS have impacts on othu laad uses that ue Eound m azeas of wind resouicu, ; i� I i �.,.� tacluding restdmnal homes,som�agriculnue,natutal Lesoucces,and on the chacactet of the community. i � ':;E As the mazket for wind eaecgy increases end the cost drops,iacceasing numbecs of local govemments fuid ��' thamsdves trying to add:ess ptopoaed WECS vnthout the pmpei poliues ot zoniag tools m placa � Although most of Minuesob's wiad enecgy resoutce is m nual ueas,evea ucbw ueas are 1�aving to ad- , ? dcess these issues Inc�euing numbers of ucban iestdwts and busiaesses are lookiag for opportu=uties to ;;'�}� "� improve sustaiaability aad enagy mdepmdmca T6e land use con9icts between WECS and othec uses aze � even gxeatet m the subutban and utban mvuonment Crries must dtaw a deac]me as to whece wind en- � ecgy systems are appxopnate and where the nuiswces and coa9icts outweigh the bmeGts oE wiad enugy. .� Understand Youc Goals " ' The Cust step ia aeating a wind mugy o=diaance�s to idmtify the communtty's goal to be achieved by the iegulaaoa Some mmmucuties want ro mcourage teuewebk mecgy genecation Othes communities aze pnmanly concemed with avtigating con9icts between wmd mecgy systems and otha land uses I'he Q fssst goal leads to the quesnon of where should the community gm pnonry m w�nd enecgy. This ia tum � cequires d�e commumty to uadastand where there mtght be a meaninghil wind enetgy ieso�uce;ttees, buildings,and topogiaphy all have a substsanal effect on the viability oE tlie 1«al w�nd resoucce The Cr second goal leads ro the question of whether wind mecgy is appmpriaoe for the community,and how � �tenstvely ro xesmct it Communities can choose ro prohibit WECS,eacept foz those mstallanons that m the tegulatory pxwiace of the SMte. Pzohibitwg WECS in locanons wete the wind cesoucce is poot oc nonea�stent can actvally have a positive effect on developiag local meigy opportunines,by ditecting Iand owneis m focus oa enetgy efficirnry,solaz enecgg o[othet resoutces more suiffible fo[theu site Lazge WECS,Small WECS In o=dec to add[ess the usues asaociated with WECS,local govemments must undentand that WECS come m maay drffeeent sizes and designs,.vith dcamancally d�ffecent lmpacts oa aad benefits to the commua�ty. The fizst dudncrion commumties need m mske�n addzesswg WECS in thee developmmt iegulanons is between sys�ms that aze primadly des�gned as dectric powet gene[atois fot utility systems o[ wholesale powa mazkets,and thou systems that aze designed primanly to pLwule powe�to a single resi- �N.}'��'�� .. � � , r ,� . " • , � , . . � H xi'� �:. , `%�s7., "��f .s� � z �'p�y,��^. p _ ey n, .C�,.�,. :�i. .'q,3;'' dence ot business. The forma use uhliry-scale wtbiaes wiitL a capac�ty measured m megawatts,xise hundceds k" � of Eeet inm the air,wd ue typically(but not slways),part of a wind Eazm system with othec similaz tucbmes. The lattes aze,by contss;quite small m terms of generaaag capaury,he�ght,and frequenry in the laadscape Small wuid systems aze sometimes fucthet divided iaro tavo categories of very small systans and]azgec systems. * Whece chese dtv'rsions aze made ss htghly dependent upon the chuactes of the comtnuwty,the type of local =?q� �� I� goveinmmt,and the magnimde of the wiad zesource - � � � Elements of a WECS Otdinance L�� Counttes,dties,and toavns6ips axe enabled to iegilste land use undec Mivaesota Statutes 394 and 462 fox the purpose of:"pzomoang the health,safety,motals,and genecal welfaxe of the communtty" How wmd mergy �, laad use sssues affttt each type oE commuoity will significandy change the stcucnue and focus of the WECS in commum' s ace no b ow � ozdinance Some common elemmts to cons�det all ne ted d ; I, A. Diednguiah between Types ot Wind Ene:gy Applicadons � � As wted eaclter m tho introductou,the co�++**+�,�;ty will likdy need to dtsanguish betwem the diEEu- £ mt sius of wind eaeigy systems relative to the typical lot size,dens�ty,nat�ual ssoutces,and wmd ff 1 � cesoucce. Two or duee categoaes of WECS may need to be ulrnti&ed m the oxdinancr lazge scale (commetual).smalk[scale(aon-commeraal)>very small(miQo) B. Define Neceeaaty Petmita Some WECS can be Lsted as pecmitted uses,but othus s6ould be coastdaed condiaonal uses,and � some applicatioas should be prohibited Luge-ecsle WECS should akvays be conditional,�a otdu to msuce that the speafic daign of the sysum�+++�+�++���e nutsances and allow foz publ�c commeat Non<ommesaal WECS m iucal areas should probably be permimd uses. Condaronsl use pemurs may be jusn6ed foi non-commercial systems whece housuig density is gieatei than s nual setting WECS on lots smalk:than one acre become piobkmatic,although m ceztain��M,�+atances half-acce lots can accommodau micco-WECS. Geawne ucban deasity azeas(athec in eristence ot planaed) .�.,+: should not indude WECS as a petmitted oi condirional use,buang a c6ange in technology d�at allows Eo:decieased visual,safety,and noise imputs If the commuwty chooses m utilize a wiad-enecgy overlay dtstrict,a gceatu degzee of fleubiltry should be buih iam the devdopmmt piocesa Large-scale pxo�ects should pcobably still be con- dinonal,but fewu coadiaons avill allow rhe dismct to setve as an encou�agement foi sustainable devdopmmt of local wind msou�ces. �;s5��'RF�;. � , , • _ `�Y . , .��'��. , ����,�����'�'� .�' � �" ' ti��' yi����,. r sf{:;.;,,'. 3 e r ��'��4�'�'t�'ia ., a fi�K�¢'f i,� .f��'� C. Ideatify Wind Resoutce Standarda Commumties should tdrnafy wheze optimal wind resoucces ue locatal,oi idennfy the cond�aons that deSne kgit�mate annd resoucces Installwg WEC$m ueas wiith nunitnal wind resovtces is bad for both the landowna and the community. T6e Mtnnesota Depaztment of Commetce has wind resoutce maps fox the entue state at a 500 metec resolunoa Altesaaaves to rhe statewide maps indude site-speufic cuafication by a cerufied wind enecgy assessox oz installar,oz pecfotmance mtena that ukntify the wcbine will be abooe uees and buildwgs Eor a miaimum cadms distaace D. Eetabllsh Setbaclm Communides need to tdent�fy utbacics that ptotect su�oundmg land uses and community chazaccer but snll allow the commumty$annd xesource w be devdoped. Esamples of land uses thst wuld dicmu setbacks mdud�: 1. Res�dentlal homes,distinguishtn8 betaveen homes of people who ace Snancinlly parnupating ia the pro�ect and those who aze not 2 Propecty Lnes and xoad tights-of-way 3. Designaoed consesvsnon oz wildliEe ueas,wedaads,scenic xives bluffs, E. Establish Safety Smndatde Commutnties aeed to ideauEy safery stwdacds that pmtect wtthout effectivdy prohibinng the WECS Requinag eng�neeaag cecn5canon on very Small systems may have the same eEfect as piohibitag WECS. Residenual azeas maY nced some considennon of a towe�u nn atuactive auuance, and:easonable fall zones should always be consideted. F. Establish Design Standa[ds Design standazds need to be mauhed ro the type of WECS. Commercial systems should alacays have mbular towecs Tieattnent of powes lines, colo�,lightmg,stgaage>and substadon shouid be spedfied Non-commetual systP_,depending on the allowed height and the su[roundwg Iwd uses,may also have specific design considecanons that must be followed A11 WECS othec than the very small wtegory should have a decomevs- siomng plaa and provisions. G. Eetablieh Othet Applicable Standacde Novice standazds aze pazticulady important foL non-cotnmeiaal systems ia non-agricultucal azeas fot the satisfachon of suc[oundmg]and ownets and p=otection of the WECS owner&om unwauanted�°°iPl�°�s. M�°°�°t'smte law ss based on a standazd oE 50 deabels at the aeazest house) Electric code cotnpliance and FAA zep�,ilations may also necd rn be addcessed. Cities sad nual areas neaz may need to address v�sual impacts H. r,ti,.i,..s�-Infrastrucnue Impacte Commernal sysums aeed to addcess the nsk ro ioads foz both minal ttanepoztaaon of wmponents and on-going mamteaance of the WECS. Aay sysrem(wmmeicisl or aon-commeccial)that indudes eacavanons foi cceating a foundation aeeds to pioted dx"�sysoema Tdecom- muwcations�astructu[e can be affected if cue u not takm. Gcem iu&astructu�e can also be aEfected,includu�g habimt sysrems and natucal vuwsheds tl�at de5ne commwuty chacacta ,7,; ;-s-�ry,-� ;rr r �eYq�r^�i, '�Y - 'T:• � � �'," ?. ;��fG;?.:'='x?=:',�a.t,����±b��.J�=,, ��"�,'-y,.' '' � .. c• . - . . . -u , , '� , ., , ,`��'•yt.', �.. ' � ' � ' - �= , ' — � I. Wind Eaergy Comeeeion Syatem Ordinm�nce i, M,„� �' A. Putpose-This ordmance is establuhed to cegulau the installahon and opuation of Wind Enecgy �, Co�ecsion Systems(WECS)within Model Communtty not othenvise subject to siting and ovetsight a' �� „ � by the State of 1�Lnaesota undec the Mianesota Powe�Plant Siting Aa(MS I1GC.51-116C.697.),m- � � ' � coucage local wmd enecgy developmeat m priority wmd euecgy aceas,and meet Mode1 Community's � � Compiehensive Plan goals,indudwg the followuig: y' - 1. Goal-Eacoucage the susta�nable use of local econoavc zesouices �� �� 2. Goal-Encoucage development that hdps meet Modd Community's and the Shm of Mtnnesota's �; r1+,n,te pxotecnon goals 3 Goal-Mm�mize con&cts betweev desuable land uses that may need to coeust m the same uea � B. Interpnmdoa,ConHict and Separabiliry �� 1. Iaterpretadon-Ia iatecprenag d�ese regulaaons and theix apphcanon,the provisions of theu � tegulaaons shall be held ro be the minimum ieqv�ements foi the protecuon of public health, safery snd gmenl welfam These tegiilsaons shall be constiucted to bxoadly pmmote the pucposes fot wluch thry ace adopoed ,�; r' a'' II 2 Con9ict-These[egulations aze not intended m mtufexe wiith,abrogate oc annul any othec � otdinance,rule oz regulahoq smtute ot othec provisioa of law except as pcovided in these tegila- �� I tions. No othu pcovisioa of these regulatioas that impose cestrictions diffeimt&om any othec ordmancq nile oi regulanoq smcute or provixion of]aav,the proviston that is moxe tesmctive oz unposes Ivghc sraaduds s6all wntxoL 3. SepatabiHty-If any pazt oc proviston of these zegulaaoas oz the appLcanon of these iegulatioas ` .� , ro aay developer or�+m,m�taaces is a�udged invaltd by any competent junsdichon,the�udgmwt shall be con5ned in ita opecanon to the pat�provision oc appl�canon duectly�nvolved m the con- tioveisy in avluch the judgment shall be rendeted and shull not aEfect oL impau the validity of the remamdec of thue zegulatioas oz the appLcadon of them m othet developecs or accumstancea C. Eafotcemmy Violatione,Remediee and Penaldea-Eaforcement of the Wind Enecgy Conves- sion System Ordinance shall be doae in accordance with pcocess and pxocedures established m Secnon_of the Modd Commuaity Zomng Otdinance : .�� �,� .�, �� ' - ".,sq�`'�:'":'�.��'+'''�.'",""`f,sr��'"�'8":"' `i'.i�',''_,..� ; �€?�� ' 'ii�rc� , s:�w,�.��4..dAA'i� .... ir.:���,6. a• ,r' w'�'�ii� #'-n' _t'sy,�:�=4:At'�,a�4�,^�.,�-.�'.�'�'+�"�:��,4.�"`h��;�'",�K,'�i��'-'•�,:,."t, � i . .� �•:, . -: . i: D. Defiaidona ;�`' �'� "'� � ' f g• ',.x,, a ^} Aggtegated Project-Ag�egated pm)ects ue those wluch aie developed and opuated m a cooc- y Y � dmated fashion,but wluch have muldple mnties sepazately ownwg oae oz more of rhe individual ;;,' � r i ;� WECS avithin the lazga pxojcct Assoaaud inhastxucture such as powec lines and txansforme�s that �T service the facility may be owaed by a sepuate rnrity but ue aLso induded in die aggmgated pro�ect ',:; g;. Blade Arc-The arc ueated by the edge of the zotot blade that is farthest from the nacelle �' .' Commercial WECS-A WECS of equal w or gieatec than 100 kW in rotal name plate geauaung �• � �� capaary. �'�:i. s Non-Commetclal WECS-A WECS less t6aa 100 kW in mml aame plate gmeratia8�p��Y• � Fall Zone-The azea,defined as the furchest cLsmnce&om the towec base,ia wluch a guyed towez will collapse m the evmt of a stiucnual fai[ure Thts un u kss than the mtal height of the stxuchua Feedet Line-Any powec liae that caznes decmcal powei from one or more vHad nubines oi indi- vidual txansEoimecs usociated with aa mdividual wind turbme m the point of intecconnecdon with the dectric powu gtid,in the case of mtacoanection with the high wlmge Kansm�ssioa systems the point of ivuccoanecdon shsll be the subsmtion secving the WECS. � Meteotological Tower-Foz the putposes of this Wiud Energy Co�ecsadon System OLdwanc� meteorological mwezs are diose towu which are erecled pnmarily m measuce wind speed and d'ua- aons plus othet dam rekvant to suing WECS. Meuomlog}cal towecs do aot include towecs aad equtpment used by vtports,the M�anesota Depaztmmt of Tzansportatioq oi othec sssnilac applica- aoas to moauoz weathes coudidons. Micro-WECS-Miao-WECS aze WECS of two(�kW aameplate genenting capaaty oi less mounted on a towec oE 70 feet oz less. Ptopetty Line-The boundary]ine of the azea over which the mnry applying for WECS pecmit has legal control fot the pucposes of mstallation of a WECS. This control may be at�ned through fee dde ownecskup,easemeat,ot othec appxopnate contxactual reladonship between the pco�ect devdopu and landoamec Pubtic Consetvadoa Lande-Land oavned in fee dde by Smte oi Fedrssl agencies and maaaged speufically Eoz coasexvation purposes,iaduding but not Lmaed to Smte Wildlife Msaagement Aie�s, Smte Pexks,Stau SuwuSc aad Nat�ual Area4 frdecal Wildlife Refuges md Waterfowl Producaon : : ,,�Y+e:,c�' � 'l.':'���+—r;��,;;"�'., �r�.^�i � r '�9�� 4:-t�`':. ' 'e, :�,.,',��;-'�?�A``� ,„�a�.�u:s.i�;,r�'�"�i�i;�'�;��a1!.�'-�',!,.":� ..,.. �, ;�r�;' ��� .,.> . , , :,,•„�,.`�.,•,•, w..-�k;. Azeas. Foi the puiposes of this section public conservauon]wds will also iaclude lands oavned m fce atle by non-pro5t consecvation ocganizanons. Public conservatioa lapds do not mdude prtvate lands upoa which conservaaon easemrnrs have been sold to public resoucce management agenaes oz non-pcoSt conservadon otgaauations. Rotoe Diameter-The diametec of the cizde descnbed by the moviag rotot blades. Subemtions-Aay elecmcal f�aliry des�gned to convett electricity produced by wmd turb�nes to a ooltage gteates than(35,000 I{�Eoc iatecconnecnon wtth high wkage t[aasmission lines shall be located oulside of the road nght of way. Total Height-The 6ighest pom�abooe gcound leorl,z�ached by a iotoc np oz any othec part of the WECS. Ttansmiseion I3ae-Those dectrical poavei lines that catry voltages oE at least 69,000 volts(69 KV) and ace primarily used m cazry elecmc enugy ova medwm to long dismnces rathez than dt�ecdy mterconnecung and supplymg decmc rnetgy to retail customera Towec-Towets iaclude vertical sexucwra that suppozt the decmcal gmerator,romi blades,or meteorological equipmeat Towei Height-The total haght of the WECS eadusroe of rhe iotor blades. � WECS-Wind Energy Co�eeslon 3ystem-An dectrical genecating Eaciltry wmpnsed of one oc mote wiad tucbmes and accessory Eacilities,�avuding but not limited to:powe[liaes,transformees, and substations that operate by coevectiag the kinenc mergy of wind iaro elecmeal enecgy.The eaecgy maybe used oa-site oc distributed into the dectrical gnd. Wind Tutbine-A wmd nubine is any piece of decmcal genennng equipmeat that coaverts the k�netic mergy of blowmg wind mto dectrical mugy rhrough the use of a�rEoils ot stmilu devtces m captuie the wind E. Procedures fot Pezmits-Zonwg,Land Use,and Coadiaonal Use pe�mits and Variances shall be ap- plied Eo:and zeviewed undec rhe pt«educes established ia this O:diaaneq except whae aoted bdaw 1 The appltcarion for all WECS shall indude the following informatioa• a The names of project applicaat b. The name of the pzo�ect ownei -s�fi i��� J�"� �� �,�''. ,�"'r�"",x�����i.� , ��w s y-',{'^- t . ��':��#, _ ,�^*'s,. . . .„ � -. _ . .,�7lF�" .,- .��`�'�+�v`�1!'�^,��_ � ,. �; �_ -. c The kgal descnption and add�ess of the pm�ect d A descnpdon of the pro�ect includwg.numbey typc,name plate generating capadty,cowu hetght,totoc diametes,aad toral he�ght of all wind nubines aad means of iateiwnaecting widi the elecmcal grid e Locauon of pzopecty lines,w�ad turbines,decuical wues,inte�rnnnectioa points with the dr.cmcal grid,and all ielaud accessory structuces,iaduding distwus aad dxawn to scale E I.ocation end haght of all buildivgs,structutes,above ground uril�aes and tms locaced within five hundred(500)Ecet of each proposed aon-commesoa]WECS and vnth�n tluee romr diameteLs of each comme�ual WECS g. Foc commescial WECS,idmuficanoa of the pzimazy and seconduy wind aass g_ An elevanon dtawmg acauately depicting the proposed WECS wd its relationship to stxuo- tures on the subject site aad adjaceat lots. h Engmcec's cemficanoa of towec stxucmce wd Eoundatxon. Maaufacnuec catificanon and specibcatioa sheets may,at the discrenon of Modd Comm�ty,be used in place of engi- neering study fox nontommacial WECS. L Documentation of]wd ownetshtp oi legal control of the pzopexty. � ' �. �. Non-commecaal WECS shall submit a copy oE the mterconnccaon agteemcnt with the util- uy or docummmuoa that an intesconnecdon agieemmt ss not necessary. k, Tloa-commetcial WECS that aze not connected to the elecmc gnd shall tdentiEy locahon of battery o:othes sronge device 2 The appGcatioa fox commetaal WECS shall also mdude a The]sdtude and longitude oE uidimdval wind nubines �, ��+� b. A USGS topographical map.o=maP°°i�S�milal data,of the propecry snd surzounding azea, mcludmg any othec WECS wid�in 10 rotoi divaetrss of the proposed WECS. c Location of]akes,wetlands,Puks,fedetal ot stsre habitat azas,othec prorected natival azeas, and Couaty Biologual Sucvey sites avitivn 1,320 feet oE the pzoposed WECS. d An acoustical analysts docummang the sound level aithw 1000 feet of the tucbine e FAA Permtt Apphcation f. I.ocaaon of all known wmmumcanoas toavus witivn 2 miles of the pcoposed WECS g. Dewmm�ssioning P]an t�_„f ,..4 ;,�,p_M'�,'_...._e��' �'�"�_ m _ ;r�s>�'.�y r-rl? �v . �4y'+ y��'h, c-, .'�,.�[�,. "����S9 O (� I t� _ .af^ ytF �Sn����� �7�;�'�tSw'+�'.'i,�•�1�Jr','^�r`^i�'�` ,'S^U�'-�P`�- . ., t.. , . .. . . . , ., i �. ' . �� � _ ` ' � ,�e.. h. Idmnfieanon of neazby WECS aad desenpnon of potmnal unpacts on wind nsoucces on "? � , ad�acent proputies. �y V , { n� '. G'�; _� .,• "Z• F. Procedute foe e ud Pco ects-A ud c 'ects om submit a e a luation AgBY Sa 1 88re8a P°1 �91 �Y � PP �� ^�' and be tevi�wed undec a single pcoceeding>including nonces,heavngs,tevieavs wd appmvala Pec-. mits will be issued and recoided sepacatdy.Jomt appLcatlons will be assessed fees as one pmject 1�ui �'� ` G Diettict Reguladone-WECS will be peimitted,conditionally pecm�tted oi not peimitted based on �� rhe gmecating capacity and land use dismct as establuhed m the table below: k �� � culnue<1-1,A-2,d-3 Pumimd � Condidonally Permitted Pcauned gunl gesidenmt Conditonally pecm�tted Not pamimd Not Pecmitted '� Runl Tocvn Sia Not erm�tted Not umttted Na Pesm�tted Gmenl Business Distact Not 'tted Not Pecmirnd Not umitted Hi�hwa Comm�aial Coaduionally pamitted Not Pcmimd Pamimd �IV� � I�ght I�us Pecmitted Condirionally Pesm�tted Permured ��i Havy Industxy Pamrtted Condiri Perautted Prnmtted Shoteland ��➢aOP°°d uP°°the lake aad the s ' c distuct Not ecmttted Not umitted Urban E:pansion pvula Disaict Condino mrtted No[pecmitted No[pecm,tted Conserva4on/ [depends on the distvct pu�posS the procecad resoucce sud the impacts of a nub�ne on that S Procecaon Laoucce] Shoreland Coad�aonally ecmitted Not tted Not tted � Wild and Scwc Rrvec Condinonallq cmitted Not pumitted Not mwtted *Non-Commercial WECS and Meteoxological towrss shall tequue a condiaonal use p�smit if wex feet m height m acwxdence with rhe Modd Commumry Zomng Otdinance. >_, , il�'t'�kMB��:e x"d'.w'�'r?..-,._ :::`�, s� ''"�,'=__,,,��r�^�,'.'"�i"',,�+�f.�:�E`�ii�-i?nGS?;=;�•,�' -���:t ':,��-. . . . . , .. . � `^. -- - � „ . , � . . , .- 1.1 times the toml height in�gticu(cunl oc 5 mroi diamue:s along the pnmuy cnnd aua, Industial Land Use Distdcts only,o:ihe The fall zonq u cectified by a professional proP�,�a 3 romr d�ametns along the secondazy wmd ��+10 fcet oc 1.1 tima the toml haght dtstaace of the fill zone,as certified by a �(=orot diametns axe between 250-400 Eeet) m� �{�y3���n�nea+t0 feet Residrnml Dwellings, 750 fxt The fall zone,u cenified by a pmfesstonal +10 feet oc 1.1 times the toml hetght. Resideo DwelLng, 1,000 fcet The fall zone,as ceruFied by a professional eer,+10 f«t ot 1.1 umes the mrel h c aon- The diamnce of the fnll aone as canGed by 1 nmw the height,may be ceduced foz '�'he 6ll zone,as cemfied by a profess�onal Road R�gh[s-of-Way** a p:ofesatonal engmea+10 feet or 1 tlmes minunum mvmm�ance mads oc a rmd avith ��e�+10 fac o:7 umes rhe roml haghc. the rotal 6' t d Dtily Traffic couat of lus than 10. Other Righb-of-Way T'6e kaset of 1 timea tbe roml height ot the '('he fall zone,aa cemfied by a pmfesuonal (Ry�lroads,power lines, distance of the faR zone,ae cemfied by a To be considered by the planamg commission rn��+10 feet oi 1 nmes the mml haght. ���� fess;on¢1 ea+10 feet Pubfic conservatioa leuds Nt1 600 ket 600 feet Wedands,USFW Types N� 600 feet 600 fmt III,IV aad V Otha St=uchues To be conside�ed $everd 6cto=s to be conudered m orda to�*��,�+��e oi eLm�nste�mpact on enstmg WECS mdudes: rhe relauve size of the ezisting and proposed WECS,the aLBnment of tLe WECS rela- ��g���CS N� uve to the p:edominant mmds,topognphy,the eatmt of w�lce marfe�en«unpacta on uuaag WF.CS,aad otber cons�demnons. Waived fot mtanal setbacks ia muluple mebme pro�ects indud�°B 98Bn8a�Ptojects. Rivec Bluff 500 1,000/1,320] *T6e setback fot dweDings shall be cedp:ocal in that no dwellu�g shsll be coastxucced widnn 750 feet of a eom- mercul mind turbiaa .I ' **The setback shall be measured fxom futuIe xights--of`sa➢�f'P1am��8�oI�P�ded tight-of-way is _,s'� 4 �CIIOWL. H Setbacke,Wind Tuebines and Meteomlogical Towete 1. Setbacke-All towecs shall adheie to the setbacks esmbltshed m the above rabla 2. Subemdone and Accessory Fuilides-Mmimum setback stwdazds for subsmtions and feed« lwes shall be consistent with the standaids esmblished m the Model Commuaity Grnetal Devel- opmrnt Standuds for Essential Secvices. _ - - , �` +� ai y�.Y�• �� T ' ��:� iti�'t ” y. '`�.�.ftt.,4 3:^�v.�-F��.t�(�" A *C' �����'.�`C^i�����,�'1�". . . . -c .'�-. .. �,.. . °�r, F�''.e��.,. . .. .. �� ,�.�r!l. . . �la'�°."��Y�� r'79,i'. .z-'. . i � . , . , . _ �.,�� �,r- I. Requiremarts and Standatde 4 � f 1. Safery Deslga Standuds i4� � M I� • � ��' a Englneedng CerdScadon-Fox all WECS,applicant must piovide eng�neenng curifiwnon •F, of turbme,foundauoq and towec design ss with�n ucepud professional staadards,given ,�: local soil and dimate condtnons. Foc non-commetcial and micro-WECS,cesuScanon can be demoastxaced by the maaufacturec's eagineec oi anot6a quali6ed engineer b Rotor Safery Each non-commeicial WECS shall be equipped with both a maaual and - f automadc bzaking dev�ce capable of sroppmg the WECS openaon in high winds(40 mph or � ��� c Warnings °'� L Fot all commeswal WECS,a sign oi s�gus shall be posted on the towe;tiansfoLmet and ',';,,, _ substadon wazniag of high volmga Signs with eme�grnry wntact iaEotmaaon shall also u��,i ,�,,T be posud oa the nubiae oz at snodiu suitable pomc � 1 I� !� �,,', { n. Fot all guyed towezs,visibk and xeRtttrve objects,such as plasuc sleeves,ieHectors o: � � ��� tape,shall be placed on the guy wue anchor pomts and along the outes and�enesmost guy wuu up to a height of S f«t above the gmund. Model Commuwty may ieqwre rhat visibk fmang be installed uound ancho:points of guy wues iii. Conudetatioa s6sll be givrn to painted aviation wacmng on metmlogical towets of less than 200 Eeet d. Eaecgy Stonge-Batteries oi othe�magy storage devices shall be des�gned conustent with the Minnesofa Elecmc Code and Minnesota Fue Code 2. Equipmmt Deaign and Pe�'otmance Staadards a. Eatabliehed Wiad Reaoutce-All WECS ehall only be rnstalled whece there ss aa esmb- l�shed wind nsou�ca An utabLsh�d wind iesoucce can be documented in the followuig cvays: i. The plaaned tutbine site has a mmimum t 1 MPH ave�age wmd speed at the designed hub height,as docummted oa the Minnesota Depaztmeat of Commerce statewide wiad speed maps. 'v. T'he planaed turbme has a mintmum hub height of aghty(80)Eeet and the blade azc u 30 feet lughu,on a vecdcal measucemw�than all strucnues aad tras wtthin 300 feet of t the towec . ..v,...,'r �'�6'°'�. - -. � "� ,�.,��, � ..sr,�*,�.�,—�"'.'�7';s—r g-�-;-.'%Yr;,�: �+r�'' ;'�iFi., r,� ., .`�. . S'�� , 'JtN_��{°�dp:-��,��:�iii1�'y � `:al'r,-= , � '� . . iri. The applicaat submiu an analysis conducted by a cem5ed wmd mugy iastalle[oc site ,,. � 2,, assessox(North Amevcan Boazd of Cectified Eneigy PioEessiona�NABCEP,oi equiva- '�, �S� I lent)that mdudes esnmates of wind speed at nubiae height based oa measuced data, S= ' .�x utimated annual pcoducuoq and compl�ance with the tvtbine manufactucec's design "�: wi¢d speed �, '" � ;€ iv The proposed tutbme is acntiva the community's des�gaed wind rnetgy oveday dismct. ' • b. Total He' hy Non-Commecclal WECS-Non-Commaaal WECS shall have a mtal �� s i �` � � ���:; haght,mcludmg towec and rotoi at its highest point,of less than 200 Eeet m:ucal and , �k indusmal zoaing districts,aad a mwu�u�height of 125 feet in zesulwnal and��m="""t :y - d�smcts. c Tucbine Cerdficadon-Noa-commesdal aad miao WECS curb�aes ehall be cutified �, oz m the pxocess of being cecnfied the Small Wind Ce:tifiutioa Counal(SWCC�Micro- I �e gene[adon Cem6catioa Scheme(MCS�,ox must be listed by the Iatecstate Tutbiae Advisory CounciL d. Meteomlogical Towe�s Exempt from Zoning Dletria Heig6t Standards-In those ; d�stricts where meteorological towers aze a pesautted nsS meteotological towees of lus thw i + � 200 Eeet shall be exempt from the Condttional Use xequttanent Eoz othei land uses �� e Towec ConSgucarioa 1, �lli wind tutbines that ue part of a commeccial WECS shall be mstalled wtth a tubular, monopole type towa ii. Meteocological towezs[nay be guyed. e• E Color sud Finiah i All wiad t�ubiaes and towas that ace part of a commeccial WECS shall be white,grey and anothet aoaobtivsrve colox. Blades may be black m otder to faciLtau ddang. F�mshes s6a11 be matt oi non-teflective. ii. Eaceptioas may be made foc metxological toweis,mhece concetns esist relattve to aerial sptay apphcatoxs. g. Lighdng-Lighting mcludtag 1�ghnn$inoensitY and fre4°rn�9 of suobq shall adh«e to but not esceed requicements estabLshed by Fedetal Av�arion Admimcnatwn pecmits and zegula- nons. Red suobe l�ghts aze prefecced foc uighmme illumtnsnon to reduce impacts on twgiat- uig birds. Red pulsating mcaz�descrnt lights should bo awided. Eacepaons may be made foz � ,�,�( �a �+'�•, ±:`'3r'i.�y� � ' �,:� .;k,�: La.e}�:.-', '.�'S �'"'.�"i'�f, N'� v� n` `*5. F ''A�-^!�`i.t�;:-!�y-'i���;��;ai�i���i�;���4i;i?�.y ,s, ,.'r . a',�,, .. �s, . , -ti'�f``�~ , . , : �.� .� . - . • . �` - - ' �,4-�i- - metxological towecs,where concaas eest relauve to amal spray apphcamcs � h. Other Signage-All s�gaage oa site shall comply with the Model Co+++*m��+ty s�gn o:dinance. 'the manufactucec's ox ownets company name and/oz logo may be plaad upon the nacelle, computment contatning the decmcal genecaror,of the WECS L Feedet I3nee-All wmmunications aad fxdei lines�equsl to oc less than 34.5 kV in ca- paaty,installed as part of a WECS shall be buried whece zeasonably feasible Feedec lines ; mstslled as part of a WECS shall not be wnsideced an essmnal sernce,�s described in I� � -�� Modd Co+.+�++,*�ty's Genetsl Development Staadazds �. Waste Disposal-Sohd and huudous wutes,mrh.rl�no but not Lmued�o ccates,packaging matedals,dsmaged oz wom parts,u well as used oils and lubncants,shaIl be xemoved fmm the site prompdy and disposed of�a accotdance wiith all applicable lxal,stare and federal iegulaaons. 3. Discontinuadon and Decommiesioning i p'` 'I a Abandomnent A WECS shall be wasideced abaadoced afoec one(1)yea�without mugy � ptoduction,unkss a plan ts developed and submitud to the Modd Commumry Zoning � Admia�stntoc outl;���o the steps andEa sc6edde fo:renuning the WECS to sexvice. All WECS and accessory facilities shall be removed to(gzound level/foux feet below giound levelJ widun 80 days of abandonment � b. Deeommiesioning Plan Requieed-Each WECS,othec thw miuoWECS,shall have a decommissioning plan ourt,��.,o the aaticipated mwns and cost oE removing WECS at the rnd of theu serviceable hEe oi upon abandoament The cost estimates shall be made by a competeat pacty;such u a Pmfessional Engineer,a conhactoz capable of dewmmissionuig oz a pason with suimble eapertis�or eapenence wrth decommissioniag.The plan shall also �dmafy the 6nantial tesoucces d�at w�ll be available to pay fox the decomm�ssionmg and [emoval of the WECS and accessory faciltdea 4. Otdedy Developmmt Upon issuance of a mudmonal use pecmit,al1�ommesaal WECS shall aotiEy the Eavuoamental Quality Boazd Poavet Plant Sidag Act progcam Staff(o:successox State zegiilatoi)of the project locadon and details on the su�vey focro speafied by the Eavuonmrntal Quality Boacd oi succes- sot agenry. j. Other Applicable Staadatds 1. Noiee-All WECS s6all comply with Mianesom Rules 7030 govecmng noisS or shall not exceed .�k. - . .4 ^,� �',:" � a�v+ , 7�4'.7++ena;+°y�v4;"''!'^1 � `'� ��:� . � � � . ,e .� . . -Y`:� . . ^'�:. ¢ , ,_ . � .g��A�kr'�AI�: fifty(50)dB(A)when measuted&om the outs�de of the neazest residmce,busmess,school, hospital,nligious insdrution,o:other inl�abited sGuctuce The audible noue from wind enesgy Eaalittes may periodically eaceed allowahle nosse levels duriug extieme wind evmts(wmds above 30 mph oi gteatec). 2. Electtical Codes and Stsndude-A11 WECS and accessory equipmeat aad faciltdes shall comply with the Nanonal Elecmcal Code and othec appl�cable standazds. 3 gedeeal Aviation Adminiettadoa-All WECS shall comply with FAA srandatds• _ �, . .,�,lly ��,� - K Interfetence-The appLcant shaR�,,;�,•�,v�oi autigate any mtetfetence with electromagnedc .a�.,, commumcarions,such as zadiq oelephone,microwaves,oz tdevuion s�gaals cause by any WECS i T'he apphcaat shall notify all communicabon towei opecacots within_miles of the pmposed . n a hntioa m Model CommunttY fo=P�tmtts.No WECs shall be constructed n WECS location pon pp so u to mtetfcse with Model Community ox M�anesota Depaztmeat of Tiansportation mtcrowave tiansmtssioas. �i L. Avoidance aad Mitigadon of Damagee to PubGc Iafcasttuctute by Commetcial WSCS 1 Roads-Apphcants fot commemal WECS shalL• a. Idmufy all couaty,dty ot townslssp roads to be used foz the p�upose of tianspu=ting WECS, subsmdon pazts,cement,and/oi equipment fo=construcdon,operadon oc mamcenan«of the WECS aad oz subsmaon and obtaw applicable we�ght aad size pesmits from impactcd coad authority('�es)pnor to coustzuction. b At the tequest of the zoad authority,the app4cant shall post bonds oc othu 5naaual as- sucancq subject m apptwal of Model Community,suffiaent to Lestore the road(s)to pte- constructioa coaditions Z_ Dtainnge System-The Appficaat shall be xesponsible fot immediate mpau of damaBe t°public dcawage systems stemmmg from constiuction,operadon oc mawtenance of the WECS 3. Greea Inhest�uaure-T6e Appl�ca�t shall mcet the Minnesota Departmmt of Natucal Re- soucces Guidaace for Wiad Projeca,JunS 2009 vasion oz most[ecent ve�sion,foz smng wind mecgy fsahues aad muigatwn of risk to natutal resoucces,iadudiaq the follocving staadazds: a. Pmvide the following�nfo=manon m the apphcation: i nanual huimge wncecns wiithw the projed ii. public lands within one mile of the project iu. conservaaon easesnmrs and otha ofLaally pmcected natv[�azeas wt�'a quarta mile r•- n,-^r' �ffi ,S'� 'i � :�;':+ �'��y1; t'Y ';dR�r;�:.i�'3 ,r?+�-a= `tltT+ ''��,�a.��� tYr . , .. , . . , - ._ . .-_. , ,,,�`• . � a.<��,''�^,�:�;-,�M�;Gc �'�F. . � . , ��.. � .. . �- ..r, - �- -- — of the projxt . . �� i¢ shomland azeas,wildliEe comdo:s and habitat compkaes,and designared scemc views �� 1�, � � b. Demonstxate how the pioject mugntes d�e Umted Srate Fuh and WildliEe Secvice(USFWS) ��i�i� r I,� best management pnctices fot,n�m---o;�;^o�pacts to wildlife ftom wind enagy pro�ects. '- I I � M. Miceo-Turbiae Standarde :r. y I 1. Utban Lote-1vSic[o-WECS s1�a11 be all°wea on lots of less thaa one sue piovided the followmg ,' ' �' coadiaons are met ;,y`�y !�� � i' a WECS aze a pecrsutted.conduional,ox allrnced accessory Iand use m the distnct, � � b The towet shell meet all setback requixements applicabk to the lot In all cases the bue oE ' the towec shall be utbuk from s11 propett�'lines bY a minim"m of the height of the mavec plus 10 feec c The towei height is kss d�w 70 feet �• d The pxoposed system arust be cetafied m opecated at noise levels loaec than 50 db at a �is�nu no]Qngec rhan the di.yqnce from the base oE the towei w the dosest propecty Lae 2. Subueban Lots-1�'iicro-WECS shs11 be all°a'°d on lots between two and five acres provided the folloawg condidoas are met a WECS aze a pecmirned oc conditionalland use m the dismct, b Pzovistons of Secdon I.2.a(Established Wmd Resoucce)are met, c The setbuk requuemeats applicable to the lot aze met In aR cases the base of the towet shall be setback Cxom all pmpary liaes bY a m�°mm'm°f the haght of the towec plus 10 freG �L�uyed tu�ve=s the setback can be ieduced iE the d«ummted fall zone u less than the towet heigh;but in no case shall the setbach be less than the dtsmace Cxom the bue of " the tower to the neazest b,,,t�;�o off the site,plus 10 feet d The towec haght is less than]Ol Eeet e T'he proposed system must be certified to opecated at notse levels lower tl�an 50 db ac a distance no longex than the dismau from the bue oE the rower to the dosest propesry l�ne. 3 Building Mounted Systeme-Buildmg mouated WECS shall be setback from propesty lines by a dsstance equal m the towei height,aad shall pzovide engfneeung documemm�oa that the sizuctuce upoa wluch the wind magy coavecs�on system ss m be mounud shall6ave the stxuc- tutal mtegrity to cazcy the weight aad wind loads of the wind enagy coavuswn sysum and have minimal vibrrnon impacts oa the strucnua Ir Y��1�.�; .Sy , ' . n. .. � r.. _ A , ��..L�, ,it'-�r�'„�.���",, y� ��� ���a��� 9� .n .F•,y. n1�p 7. �h".�.Y�� ��TA.^-r':+�'' -�i. .v�dF���.l� =�_,:� :f.. �>�._ - _ APPENDIX: AWEA Mo�e� �2 �, � � SMALL WIND ZONING ORDINANCE �.; Writing Small Wind into Existing Laws This model zoning ordinance is used by many Iocalities across the wuntry and aims to strike an equitable baiance among the interests of the consumer, _, industry,and community.It is the produd of lessons leamed over decades of industry experience and tens of thousands of Installations. AWEA MODEL ZONING ORDINANCE Usa Raguladon tor Smdl Wind Energy Comenion Sysberrn Section I:Purpoae k is the purpose of this regulaUon to allow the sak,efrective and eificiem�ue of amall wind enargy systems insalled to reduce the on-site mnsumption of utility wpplied elecaicity. i Section 2:Findings See p.4 for a sample of The[city or county]flnds dnt wind a�ergy is an abundanC renewable,and nonpolluting energy do«,coumies,and sntes resource and d�at ks mmersion to decMcity will reduce our dependence on nonrencwable energy d�at have enacced zoning resources and decrease the air and water pollutlon diat resuks fiom the use of comerroonal energy i laws for small wind syscems. sourca.Distributed artnll wi�anergy:ystems will also enhance[he reliabiliry and power quality of the power�id,reduce peak power dermnds,and help diversHy the Snu's energy supply portfolia � Small wind systema also malae die elecaiciq supply markec more rnmpeUtive by promoting � customer chace. The Suce of hu enacted a number o(laws and progtams to enwurage the use of � small-scale renewaWe energy systems Induding robates,nee mecerin&Property tax mcempt3ons, and solar easen�ents.[At appopriate]However,marry meistlng mMng ordinanca mmaln rcstricdons. ' whkh whfle not inoended m discourage the inmllufon of small wind wrbines,that an submntlally i increase the dme and cosa required to obrain necesaary wnstruetlon permits. Therefore,we find that h is necessary to stnndudiu and mnamllne the proper fuuance of bu1Mi� ,k permits for amall wind energy systems so thac this clean,renewaWe energy resource can be udl'aed in a cost<Recdve and timely manner. F Section 3:Detinitiona Smdl Wind Enmgr Sptsm: A wind anergy mmerslon syscem mnsisting of a wind wrd�e,a tower. and azsociaad coMrol or wmersion electroniu,which hu a rated apacity of na more than 100 ':,;��, kilowaaa(kV�and which is iraended w primarily reduce on-ske consumption of utllity power. �" Tower HeI�C The helght above grade of the fixed portion of the tower,acluding d�e wind ��� wrbine IueH. �'�'�} 7bta15ntended Hal The hei above de to a blade d ac fa hi i�t of trml. �;�' 8� 8� Br+ P ��Po �.� - ;`�`il�. Secfion�:Allowed Use �"'�`_� Small wind e�rorgy syatems shall be allowed az an accessory use in all zoning districts where sbvttures �'=�`' of airy sort are allrnved;aub�ea to the requiremena of Sectlon 5 below.SmaN wind eneBy syscems r°� . - - not meeNng the performance snndards of Seetlon 5 may be allowed by mnditional use permk. r�� ' � .�;`- - ;�. .:.+�c�. -.::dq.�i� :" - - - --- - � _ '. • _ ��,.: _ � _ , - 'sy.•,� „�}�r - :�t �-. `i.r.a._�,�_i -_` - -_ �"�"'"� _ � _ ; _ - , : -- _ '�a:;n.•::`_ _ � .<�`�,-.,,�.-'�;;`?`.-" �i.;�••��' _��;:'S.�,+�":'-' . . - . - . ' - - ' - - ^�:-. : . ... . -- -' - - - , .. . . - .... �^-r.�k".,.. '=i':_C �. = - , -__-_.—r- '. . � - - - Sectlon 5: Use Standvds for Small�nd Electric Cornenion Syrtem fetbacic The base of the tower sha9 be set 6adc from aM propvty%nes.Pubdc rKM-M-vr+Ys,and 5.01 Public utllky Ilna a dlsnnce eqid w the mul extmded hefghc.Turbines shall be aAowed daser w a property 11ne Man hs tod extended hNght Hthe abuctl�property owner(s)grnns wrltun perm�sslon Distributed Wind Energy Asaociation and the Insnllatlon poses no I'rccierence wftli publk Wlhy tlna or puMic road and nN rigM-of-wrys. Distributed Wind Model Zoning Ordinance Tower Maight So long as the total excended htlghc meecs zouiW and seabadc reqidronatts.there 5.02 shall be no speciflc hd�tt Ilmitatlon,n�cept az Imposed by Feden�Avktlon AdminMntlo�regu�atlan u tated fn 5.07. Sound: Sound produced by Me arMne under nornrol operatlng conAtlora.u meawred at d�e Pemutted Use Regularion for Distributed Wind Turbines 5.03 property IMe,sMall not exceed the deflnitlon of mAsance ndse.5owd levels.hoMever,mry be erceeded during shorarerm evmu out of a�ryone's conwl such ss utlliry oubges andlor serere wind soorma. $lCL10�1 P11[pOSC WlndTurbfrro Equipma� Small wind wrbines must have bem approved uMer the siate puW�c It is the purpose of this regulatioa to pmmote the safe, effective and effiuent use of Distributed Wind S,p4 pendks program or a�ry other small wind certlficallon progr+m recognlzed hy tMAmeNaa Wind Ener�Systems tl�at are installed to teduce the on-site consumption of utility-supplied electriciry. Enerp�e s:oumo�. Requk�emeM(or Engineermd Drawin`s: Building permit�ppliwtlo'n tor small vAnd energy SGCt10II2 F1II S.OS �u'"s snatl ne accomparoed ny sandard drawin8s m ene wine mrnine mvauR and sompee The[city,town or county]reeogaizes the common good of distributed wind systems and finds diat wind e�neved dawlr�gs of rhe tnvro;bue.foorJngs,andlor kundatloa a provlded by the mam�f+canec ��,,,,���„ay�,�,i,� eneigy is an abundant,reneavable,and nonpolluting eneigy resource. Its coaversion to electricity wiU teduoe Soa Se�diax For sundud sdl conditlons(noc Including gravel,sand,or muck),foundatlau developed ouc dependence on nonrenewable enagy cesources,encoucage stewacdship and conservatioa of our non- 5.06 by die vAnd wifiina manAacturer shall be uceptable for wrbine I�nta�ladons of 20kW or lesz and wlll renewable enecgy resou:ces for funue generations and decrease tbe air and watet pollution that results from �rot rtqutre prqectapx.IRc solis studes or an engkieer's wec stamp the use of conventional energy sources. Distributed wind eneigy systems enhaace the reliability and powez Cumpl{�nce wNh FAp RaguWlo� No WEC ahall be conrtructed,altered,or malnalned so az quality of the elecuical grid,reduce peak power demands,and hdp divetsify the Stste's energq supply 5.07 to pro�ect alwve arry d the dnagi�'sirspace surfaces desMbed In FAR Patt 77 of the FAA guldaMe portfolio. Distributed wind systems also make the electricity supply ma�lcet moze compearive by pmmodng on mrsp■«prorecnon. customec choice,as well as fostering ecoaomic stability thmugh job creation wltich encouxages the growth Compliance witl�N�tloml Elactrfc Cod� Bullding pertnit appHatlons for small wlnd energy Of 1OC31,small businesses. 5.oe �"S Shal�be accomqn�°d q�une drr�ng°�dx dec�d�°mponmes,u supplied by the The State of has enacted a number of laws and prognms ro encourage the use of distributed manuhcturer,in suMdeM deadl ro otlow for a decertnimtlon wae�he manner'o�in�tallatlon cadortns w are t.�aywwi eaviw Coae, �enewable enexgy syscems including rebates,net meteriag,property tax eaemptioas,ked-in-tariffs,and solar ua�ny Noaac.dom nw sman w��a�y�s����������e���y�^d�^ easemeats [as appropriate]. However,many eusting zoniag ordinances contain testrictions that do aot 5.09 �me uniny com�ay naa bee�mr«+ned or a�e cu�oomers mr�rc w aaron'^�"wc°""°ae� adequately address the installation of distabuted wiad tucbines a�substsatially increase the time and costs n„cumeww�ea.�enenwr.ort-g+a syarems sna�i ee ownpr aom axs.eq�,nmc required to obtain necessary zoning aad/or eonshuctioa pemrits. 5.10 �nwr�nce: neeinonai��s�raocx nerw�a nomewnxx+'�wer+ee�ae^«n�req�a'�ea. Thecefo=e,we find it necessary ro standacdize and streamline the pcoper issuance of zoning and building Ab�n�onma�t it a vn�a mnine is mo�er+me ta sn�crosecuwe mond��+ne ow��+n�e no� parmits fo�Distributed Wind Eneigy Systems so that this cleaq reneavable eneigy nesoutce can be utilized �,ac mq musc wnhin sne mo�d�s of recda�d�e noum rrswre mdr syscem m oPerx��cnneuon. in a cost-effective,responsible and timely ma•,�Pr. - S.I 1 If rhe owner(s)hik w rcstora ehelr syarem u opvatlr�condtlon vAddn the snc-monM tlme f�ama then the owner shall be requlred x Ms o�mise,to remove the wind urMne hom dro cower for afeq Sec6on 3 DeS�ions reuons.The tnwer then would he suhJect m the PuMk NuLsana pvAsbns otfie mMnB code. 3.1 Wind Ene�y System A avind eae:gy coavesion system consisting of a wind hubine,toavec s�{n�g.: a�a�8ns,od�er r�un d�e ma�uracwrer's or�nsnn'v s�aaiwauan,appovr4te vn^'�^s and associated coatrol oz come=sioa electronics. S.I 2 9gns.or ownc IdmtlRatlon on a wind genenwr�tav�a;bWldirg,or a�hr saucnae modned wkh a amall wi�mergy system vlside from atry public road shas be proMMad 3.2 Distabuted Wind Eneigy System A Wind Enecgy System serving a local electric load. 5.1; L�{htlny No Nluminatlon of the arbine or tower shall be allaved uJns requlred by the FAA. 33 Distributed Wiad Energy System Up to aad Including 100 kW: A Distributed Wind Enecgy Acce�s: My d�mbing fooc pegs or rung below 12 hec d o 4eaondn{cwier�MA be romwed co System which has a Rated Power Output of 100 kW or less. 6,�� prerent wmuNaized dimbing For lattice or guyed row�xs.shxa ot mrtal or'woed maY be faskned 3.4 Distributed Wind Eneigy Sysoem Iatger tban 100 kW: A Disrributed Wind Eneigy System to the bottvm towd�sectlon such Nat k n�not rcadty Ee cl�mbed. avhich has a Rated Poaver Output gceater than 100 kW. For moro f�ormatlon eontad Ron Stimmel at rsllmmel�awes.org. NOTE:Tbr abooe dsfmitio�r.ranfortbe.pedfispxrpam ofarariagn.refrl defndtiar.r ix tbu Mode!Zoning OrdiAaxa.Indxrtry roruanracr i.r tbat aUpmfedr an rimp(y de,fixed aa Duhibahd 1P/ind. 3.5 Total System Height The hei�t above grade of the fixed poztion of the Taaver,plus the , - wiad turbine and eatendiag to the upperawst ceach of the rotor. ' ' ' , _ " 3.6 Rated Powec Output: The powef output of a DisEubuted Wind Eneigy System at a constant , �•��� Hub Heig�t wind speed of 11 m/s(25 mph). , - ` '�� , � Disqibuted Wind Model Zoning Ordinance—February 2014 Page 1 , , 31 3.7 Tower. A guyed or&eestanding stsucture, anchors and foundation that is specifically 4.4.3 Ove�ead power lines and other setbacks: Wind tuibines shall follow existing engineered to support a wind turbine. ordinances foc structu:es in rega�d to setback from werhead utility lines,roads, 3.8 Hub Height: For horizontal aus wiad tucbines,Hub Height is the hei�t of the center of easemeats public buildings and other utiliries,provided the setback requirement shall rhe wind tucbine rotox above the teaain sucfgce. For vertical aais wind httbines,the Hub not eueed the Total System Height. Height is the heigiit of the horizontal centedine of the mtoi above the teriain. 4.4.4 Multiple wiad tucbines:Applications for multiple wind tucbines oa a single property 3.9 Obsrsuction: Anything that interferes with tLe laminac(suaight,smooth) tloav of wind, shall follow manufacturet or installer recommendarions mgacding minimum causing a level of tucbulence that could interfere with the pmper function and/or �p�����een tutbines. producrivity of a wind tucbine. 4.5 Access: To preveat unauthorized climbing,climbing pegs shall be cemoved fiom the laaer 3.10 Swept Axea:projected area pe:peadicular to the wiad direction tl�at a rotoc will describe tea(10)feet of the Towec,or ladder access shall be restricted. Fences shall not be required during one complete mtatioa as rhey deny critical access to tl�e Tower base. Section 4 Pecmitted Use and Adminietrarive Reviews 4.6 Signage: A"Dangec,High Voltage"sign shall be installed where it is clearly visible by pasons staading near the towez base. 4.1 Distributed Wind Energy Systems Up to aad Including 100 kW shall be a permitted use in all zoniag classificafions where suuctures oE azry soct are allowed. 4.7 Souad: During noanal operation,Disuibuted Wind Energy Systems shall not euceed(a)the sound levels allowed in esisting zoniag otdinances for the townslup oc muniupality;oc if no 4.2 Distributed Wind Energy Systems Iacger tban 100 kW sk�all be a peanitted use in non- clause exists,(b)5ve(5)dBA over ambient sound as measured at the closest neighboring residential zoning classiScations and will be subject to a standardized administrative review inhaMted dwelling that esists oc is permitted for constcuction at the time of pemrit [�f already in use by the zoning authority, oc else Conditional Use Pemrit revieav] and application for the wind energy system. Z7us souad level may be eaceeded during short-te:m approval by the authority having jurisdicCion. events,such as utility oubges and stom�s.Complainant shall beaz the burden of pmof unril 4.3 All Disuibuted Wind Energq Systems are subject to certain requirements as set forth below. and unless the wind turbine system has been proven to be out of compliance with the otdinance. 4.3.1 System Heig�t:Wind tucbine systems shall be allowed to be tall enough to facilitate propec fuaction. Specifically,they shall adhere to the industry staadazd tl�at the 4.8 Tucbine Standards entire avind tucbine should be at least 30'above both(a)any Obstzuction avithia a 4.8.1 Distributed wind tucbiaes with a rotot Swept Aiea of up to 200m�shall be certified 500'mdins>antl(b)the su�munding ttea hergh4 to the most cuueat oeision of AWEA 9.1 Small Wind Tiubine Perfom�aace and 4.3.2 IvLnianim System Heig�t: In ao case shall the Hub Heigi�t be less than 60'. In cases Safery Staadard by the Small �ad CertiBcation Council or an acuedited where the maaufacture�s minimum Hub Height recomme�ation is hig�er than 60', ceitification agency.Applicatioaa for pmvisionally certified or non-certiSed tucbines tLat cecommendation shall be used as the�++����*++,�+allawabie Hub Height with Swept A:eas up to 200ma may be coasidered on a case-by-case basis,but shall, in all cases,include a descriprioa of tbe safety kahues,a power cucve complyiag 4.33 Maximum System Height: Thece is no limitation on system height, ezcept as mith IEC 61400-12-1 or AWEA 9.1.and an acoustic test report complyiag with imposed by FAA regulations and the required setbacks. IEC61400-I 1 or AWEA 9.1. 4.3.4 Buildiag-Mounted Systems: Wind tucbines mounted on buildings are teyuiced to 4.&2 Distabuted cviad tv:bines with mtor Swept Areas greatec than 200m2 shall comply follow the industry standard tbat the entue wind tuibiae should be 30'above all With the followu�g Obstsuctions within a 500'redius of the tucbine,including the s�iucture to which it is mounted,aad the suuounding tree height. 4.&21 Caay up-to-date certifications to IEC 61400-12(2005 or future oetsioas) and IEC 61400-I1 (2006 or future ve:sions), by an accredited 4.4 Setback: I.ocal building aad zoning ocdinances foc st:uctures sliall be follaaved with the certification agency;and eapress provision that tliat no part of the wind system suucture,including guy wire anchocs ot u�y other appurtenance may eateod closer than ten(10)feet to any property boundazy 4.8.22 Either(4.8.2.2.1)o=(4.8.2.2.2)below: line. No setback require�at fmm a pmpe=ty line shall eaceed the Total System Heigi�t as 4.8.221 Caay an up-to-date Design Evaluation cectification to IEC measui+ed to the center of the base of the Towec. 61400-1 (2005 or futuce vecsion),by an acaedited cuti5caaon 4.4.1 Neighboring inhabited dwrll� A Distributed�ind Enesgy System shall be located ��� at least the Total System Height from any e8sting neighboring inhabited davelling. 4.&222 Evideace of eatensive opetaaonal history(all of the req�+�+��ts 4.4.2 Neighbonag pmperty line: Distdbuted Wind Snergy Systems shall follow all beloav) setbacks, unless written pe�ission is obtained fiom ihe esisting awner of the 1. At least 500,000 hou:s of fleet operation affected adjoining property at the time of application 2. At least 25 opetaring avind tucbiaes Distrlbuted Wind Model ZoNng Ordinance-February 2014 Page 2 Distributed Wind Model Zontng Ordinance-February 2014 Page 3 3. At least 2 yeaxs of opention from 5 wind hubines 4.9 Compliance with Building Codes: Pe�it applications for Distributed Wind Enecgy Systems sliall comply with all applicable state and local building codes. 4.9.1 Tower and foundation drawings provided by the manufacturer or the project developer shall be submitted with the applicatioa Independent enginee:ing review aad wet-stamped drawings shall not be required for Distributed Wind Eneigy System Up to aud Including 100 kW,but may be iequired Eor all other Distributed Wind Energy Systems. 4.9.2 Applications foc roof-mounted(or othec noa-uadiaoaally mounte�hubiaes shall include a wet-stamped stnutural engineeriag aaalysis for the turbine mountiag system and for the suitability of the buildiag ro which the tuibine is to be mounted. 4.10 Compliance with FAA Regulations: Distabuted Wind Energy Systems must comply with applicable FAA regulations, iacluding any necessazy appmvals foc iustallations close to aitports. 4.11 Compliance with National Electrical Code(NEG): The installation of a Distributed Wind Enetgy System shall comply with section 694(or tlie most-current applicable sectioa,if update�of the NEC. Applications must be accompanied by a siogle-line drawing of the dectacal compoaents in sufficient detail to allotv for a detP�+++���don that the manner of installation confocros to the NEC. Wet-stamped drawings shall not be required for Distributed Wind Energy System Up to and Iucluding 100 kW. 4.12 Utility NotiScation: No gud-tied Distributed Wind Eneigy System shall be installed until evidence has been submitted tk�at the applicant's utility company has bem infom�ed of the custome�s iatent to install aa interconnected customec-owned generdtor. 4.13 Anteanas: Wind tucbine Towe�s installed uoder this ocdinance may also be used to host antenaas, so long as the stiucture is shawn to meet the state and local stcuctural code requirements. 4.14 Fee: The building pe�it fee frn a Distabuted Wind Enetgy System shall follow the esisting fee stcuctuce for pe�its required of otl�er stiuchues in the apptopriate district. In the absence of such ke stsuctuce,the pemvt fee for a Distdbuted Wind Eneigy System shall not eaceed;20 pec kW of Rated Power Output or a maaimum of;1500. Additional charges for inspections shall apply at the standacd rate used for other structures. 4.15 Decoaunissioning: A Distributed Wimd Ene�System that has reached the end of its useful life shall be mmoved within 6 montl�s of such determinatioa A Distributed Wind Energy System is considered to have reached the end of its useful life when it has been inoperable for 12 consecutive montl�s. Time eatensions are alloaved when good faith efforts to repaic the turbine can be demonstrated. Foundations aeed not be removed. Distributed Wind Model Zoning Ordinance-February 2014 Page 4 ili � COUNCIL EXHIBIT E PC Exhibits E-1 and E-2 from November 2014 Packet: � E-1 League of MN Cities -Info Memo: Planning for Wind Turbines • E-2 US Dept. of Energy Small Wind Electric Systems -A Minnesota Consumer's Guide PC Exhibit E� � O � /1lov. zvt y INFORMATION MEMO Lj�INNESOTA P�anning for Wind Turbines CITIES The location of wind turbines can present land use issues for cities. Learn how to address them under your city's comprehensive planning and zoning authority, including addressing commercial and non- commercial turbines, setbacks and height limits, and effects on wildlife. Links to model wind energy conversion (WEC) ordinance. RELEVANT LINKS: I. Increased use of wind power Wind power is increasingly being harnessed to generate electricity across Minnesota and the country. When wind farms arrived in southwestern Minnesota in the 1990s,they were largely in rural areas and not generally on the municipal horizon.As wind energy has increased in popularity, an interest in smaller-scale turbines has emerged in many communities. As increased focus and resources have been brought to bear on developing and installing renewable energy sources,many cities in Minnesota are considering where wind turbines are allowed if at all under existing land use regulations. Some cities have discovered their zoning ordinances are unintentionally restrictive and have amended them to allow establishment of wind turbines. Others may be concerned about whether to allow them at all. II. Wind Energy Conservation Systems (WECS) The Minnesota Department How a city regulates the location of wind turbines depends on the size of the of Commerce has more information on wind systems. OpeI'1tlOri.Minnesota statute addresses wind energy conversion systems (WECS)by distinguishing between two types—large and small. Minn.Stat.§216F.01,Suba. Large WECS are defined as any combination of WECS with a combined 2 generating capacity of 5,000 kilowatts or more and are subject to a site permit issued by the state Public Utilities Commission. Local government, such as municipalities, are specifically pre-empted from regulating placement of large systems via zoning,building, or land use rules (city and the public can participate in providing input to PUC). Muv�.Stat §216F.01,Suba. Small WECS are defined by statute as any combination of WECS with a combined capacity of less than 5,000 kilowatts. Small systems may be constructed without state permit, and local governments are expressly authorized to establish requirements for their siting and construction. "Small"systems themselves can vary greatly in size and scale.A turbine designed to generate power for a utility with 1,000 kilowatt capacity may be hundreds of feet tall. In contrast,there are considerably smaller turbines designed to generate electricity for a single residence or business. This material is provided as general information and is not a substitute for legal adwce.Consult your attomey for advice conceming specific situations. 145 University Ave.West www.imc.or Saint Paul,MN 55103-2044 (651)281-1200 or(S00)925-1122 �2014 AII Rights Reserved RELEVANT LINKS: III. Zoning regulations Many cities have zoning ordinances that may not address the location of wind turbines,as the ordinance may not include them as an allowed use in any zoning district.Also,typical height limits would likely effectively prevent the installation of many, if not most,turbines.Even though the city may have never considered the issue when planning and zoning,the zoning See Minnesota Green Step ordinance may prohibit. Without a change in a zoning ordinance,wind Cities for a model wind turbines may not be legally installed. A number of cities have amended their enetgy ordinance ordinances in the last several years to permit and regulate the location of WECS,and several model wind ordinances have been promulgated. A. Impacts Concerns generally relate to the impact on neighboring properties, generally visual impacts, and noise. Wind towers can be hundreds of feet tall and seen for miles,much like a water tower or telecommunication tower.Noise impacts include not only the noise of turbine blades moving through the air, but also humming of inechanical gears. Typically,the way to accommodate these concerns is to establish setbacks from property lines,dwellings,and natural resources. In fully developed, dense neighborhoods,there simply may not be sufficient space to accommodate a turbine of any significant size. Larger turbines may not be appropriate in residential areas. B. Commercial versus non-commercial turbines The city will need to determine what size of WECS they wish to allow where and whether they will be conditional uses or permitted uses. The zoning ordinance may divide WECS into different classes for local regulation,with larger turbines being more restricted as to district if they're allowed at all. Some ordinances distinguish between commercial sized turbines and non- commercial turbines. For example, commercial turbines might be defined as WECS of 100 kilowatts or greater, and restricted to a conditional use in some agricultural or industrial districts.Non-commercial WECS of less than 100 kilowatts might be designated as permitted uses in the agricultural or industrial districts, and as conditional in certain commercial, institutional or low-density districts. Cities may also wish to consider setting separate,more permissive standards for very sma112 to 5 kilowatt micro systems marketed to single residences. League of Minnesota Cities InformaUon Mema ���g�2009 Planning for Wind Turbines Page 2 RELEVANT LINKS: C. Setbacks and height limits Setbacks are the primary method of reducing the impact of turbines on adjoining landowners. Often a zoning ordinance might provide a relatively substantial setback from dwellings, such as 500 or 750 feet. Setbacks from property lines and/or road right-of-way may be set at the height of the tower or distance of a fall zone as determined by the engineer. Setbacks from natural resources like wetlands and bluffs may also be established. Height limits are another consideration. Ordinance height limits for noncommercial turbines vary greatly. Some allow turbines up to 200 feet in height, while others are more restrictive at 60 or 100 feet. Safety is a concern, and ordinances generally require certification to industry design and safety standards. Other ordinance provisions may deal with buried electrical transmission lines,what happens if the WECS is decommissioned and addressing impacts heavy turbines might have when they are transported to site. D. Effects on wildlife Some opponents protest the impact of wind turbines on wildlife. While there may be some birds and bats killed by turbines, it seems the numbers generally would be no greater than those killed by all sorts of human-made structures, such as buildings and towers. A greater concern about wildlife is that large wind turbines arrays in a natural environment may impact ecosystems and disturb prairie habitats. IV. Community-Based Energy Development (C- BED) In the last several years,the so-called community wind movement has taken off,which focuses on locally-owned wind projects. Some of these projects may involve local governments, schools and universities,municipal utilities, and electrical cooperatives. In 2005,the legislature passed Community- M�.s�c §ZisB�6�2. Based Energy Development(C-BED) legislation which requires electric utilities to consider community-based wind energy projects when seeking to add wind generation to its supply mix. A number of wind turbine demonstration projects have been sponsored or installed by schools and counties. If your city has not yet considered the issue of how to plan and zone for wind turbines, it may be worthwhile to do so. Eventually, someone may wish to install a wind turbine in your community. Engaging wind in the land use planning process provides a useful and necessary framework. League of Minnesota Cities Infortnation Memo 11/9/2009 Planning for Wind Turbines Page 3 RELEVANT LINKS: V. Further assistance Jed Burkett LMCIT offers land use consultations,training and information to members. 651.281.1247 jburkett(a3lmc.org Contact the League's Loss Control Land Use Attorney for assistance. You �,e ofM;�,eso�c�c�es. can also learn more about land use issues in the land use section of the League's website. League of Minnesota Cities Infortnation Memo. 11/9/2009 Planning for Wind Turbines Page 4 . � • � � �r G� � � . � � - � y _ a V Q y � G� � ■ii � . � � .}.� � .�,.,_,- W - V y ,_ .�. _ . � - � � � .�� V � - W � - , � - Z3 - - � _ . � � V ■�� � : � � �.-.�..,�., W �� -....._„r,,., ,_ �, �� -.^-.-w---..�... „ ,....,, � � L - � - � �� W : � S�II illn�ul�����. Minnesota's Wind Resource ��_ by Wind Speed at 30 meters 'z•- ti ` �- .,� : . . {, . ; ,� .,,� ,�. .#;� � �R `� � - _ ,�;�,•, � . �Y ._�� .."r= t�,' , t�° •,. R:.� �� `� '�' Wind Speed �' MPH (mis) � M=` QOA-�.3{QO-4.3) .�„ ;4. `�� �9b-11.0(4.3-4.� ,�„ -11.0-92.'.f(4A-5.6) �,'� �126-19.0(5.8-8.s� �=" � -13.0-15.5(5.8-6.0) -13.6-14.0(6.0-a.3) Q 14.0-14.6(8.3-8.5) _14.6-15.0(8.5-8.7) �iS.O-1S.S(6.7-6.�) ;� 16.6-18.0(dA-7.2) - -16.0-18.SpZ-7.4) -1a.5-17A p.d-7A) �r`::�'�, �77.0•17.5(7.8-7.8) ". .�: ..,� � Dwasmr v , =C01[UE�L.'8 ��� This map has been prepared under conVact by wndLogics for the DepartmeM of Commerce using the best available weather data sources and fhe latest physfcs-based weather modeting technology and staUstical techniques.The data that were used to develop the map have been statisticalty adjusted to accurately represent long-term(40 year)wind speeds over the sNate,thereby incorporating important decadal weather trends and cycles.Data has been averaged over a cell area 500 meters square,and within any one cell there could be features that increase or decrease the results shown on this map.This map shouvs the general variation of Minnesata's wind resource and shouid not be used to determine the pertormance of specffic projects. January 2006 Cover photo: This 1-kW Bergey wind turbine provides power for a home near Redwing in sautlieast Minnesota.Richard Huelskamp/PIX11664 •,� Smail Wind Electri c S stems y A U.S. Consumer's Guide Introduction =_ ' �� �.,r��'; . ,�;, Can I use wind energy to power my } �q 4;q _�.`�;�'��={��,^;. home?This question is being asked - �..:,-,�,d��. , •ta,r a.r., w��- across the country as more people ` �� �n. look for affordable and reliable sourc- - � `_ ��.�.r' es of electriaty. ."' Small wind electric systems can make a significant contribution to our � �- ; �_- nation's energy needs.Although wind ' �+`� ` ' turbines lazge enough to provide a '- .• , sigrrificant portion of the electriaty � needed by the average U.S.home gen- ' erally require one acre of property or more,approximately 21 million U.S. homes are buiit on one-acre and larger sites,and 24%of the U.S.population � lives in rural areas. .._ � --- � A small wind electric system will f �`� 3 work for you if: .�..,,;.y „7,_ '� � :�;:,._..,m��,�, �. �.�,_,�� • There is enough wind where you Homeowners,ranchers,and small businesses can use wind- live generated electricity to reduce Meir utility bills.This grid- connected system installed for a home in Norman,Okiahoma, • Tall towers aze allowed in your reduces the homeowner's utility bill by$100 per month. neighborhood or rural area • You have enough space Contents • You can determine how much Introduction ......................................1 electricity you need or want to First,How Can I Make My Home More Energy Efficient?....2 produce Is Wind Energy Practical for Me?......................3 • It works for you economically. W�Size Wind 7urbine Do I Need?....................4 The purpose of this guide is to pra What are the Baslc Parts Qf a Small W.ind EiectriG Sj�iem?..5 vide you with the basic information VI�1�{.�0�1�; ' ��y • -,•�.ss>.�.:-�^T...v:... 6,��.,, about small wind electric systems to •" `T``"��� ��� help you decide if wind energy will ;;� work for you. ` Why Should 1 Choose Wind? Wind energy systems are one of the most cost-effective home- based renewable energy systems. Depending on your wind resource,a small wind energy system can lower H�e��u� your elech�icity bill by 50%to 90%, �� � e..�.Rn`�i"� � help you avoid the high costs of _ - - - ' _����. .5 �s< extending urility power lines to w�''? � �` �'`':i� remote locations,prevent power ° "' �'µ interruptions,and it is nonpolluting. T ��`�� �=- -�.-;_ How Do Wind hrbines Work? Wind is created by the unequal heat- ing of the Earth's surface by the sun. Wind turbines convert the kinetic energy in wind into mechanical power that iuns a generator to pmduce clean electriaty.Toda�s turbines are versatile modular sources of electricity.Their blades are aero- The largest portion of a utility bill for a typical dynamically designed to capture the house is for heatinp and cooling. maximum energy from the wind.The wind turns the blades,which spin a . Save money and increase shaft rnnnected to a generator that comfort by properly maintaining makes electricity. and upgrading your heating, Fii'St, How Can I Make ventilation,and air-conditioning My Home More Energy sy5te�►s. Efficient? • Install double-paned,gas-filled Before choosing a wind system for �dows with low�missivity your home,you should consider (low-e)coatings to rnduce heat reducing your energy rnnsumption by loss in cold climates and spectrally making your home or business more �lective matings to reduce heat energy efficient.Reducing your g�'n�'��ates. energy consumption will signifi- • Replace your lights in high-use cantly lower your utility bills and will ��N'��fluorescents.Replacing reduce the size of the home-based 25%of your lights can save about renewable energy system you need. �%of your lighting energy bill. To achieve maximum energy effi- . When shopping for appliances, ciency,you should take a whole- look for the ErtExcY STnx�label. �� building approach.View your home ��cY SrnxO appliances have , as an energy system with interrelated been identified by the U.S. ,� � parts,all of which work synergisti- Environmental Protection Agency cally to contribute to the effiaency and U.S.Department of Energy ; of the system.From the insulation in as being the most energy-effiaent ' your home's walls to the light bulbs products in their classes. in its fixtures,there are many ways to . For more information on how to � make your home more efficient. ��e your home energy efficient • Reduce your heating and see Energy Savers in the For More , rnoling needs by up to 30%by Information section. investing just a few hundred dollars in proper insulation and weatherization products. Is Wind Energy Practical structures permitted in residentially for Me? zoned areas,although variances are A small wind energy system can often obtainable.Most zoning ordi- pmvide you with a practical and nances have a height limit of 35 feet. emnomical source of electricity if: Yau can find out about the zoning restrictions in your azea by calling • your property has a good wind {�e local building inspector,boazd of resource supervisors,or planning boazd.They • your home or business is located on can tell you if you will need to obtain at least one acre of land in a rural a building pernut and provide you area with a list of requirements. • your local zoning codes or In addition to zoning issues,your mvenants aliow wind turbines neighbors might object to a wind • your average electricity bills are �a��e that blocks their view,or $150 per month or more �ey might be rnncerned about noise. Most zoning and aesthetic rnncerns • your property is in a remote can be addressed by supplying objec- location without easy access to tive data.For example,the ambient utility lines noise level of most modern residential • you aze mmfortable with long-term h'�d turbines is around 52 to 55 deci- investments. bels.This means that while the sound of the wind turbine can be picked out Zoning Issues of surrounding noise if a rnnscious Before you invest in a wind energy effort is made to hear it,a residential- system,you should research poten- sized wind turbine is no noisier than tial obstacles.Some jurisdictions,for your average refrigerator. example,restrict the height of the �� , '�`��' -, ' �. .- -.�-, -u�=��'� `" In CloverValleX ��,. ``',�'�-.'_,a. :-<� • , . -`°r�� Minnesota,this � ' 3-kW Whisper ' "' H175 turbine on a 50-foot tower is connected to the utility grid to offset the farm's utility- supplied electricity. .�r.��� � - i � � � � 3 What Size Wind Turbine Turbines used in residential applica- DO I NP.ed? tions can range in size from 400 watts The size of the wind turbine you need to 100 kW(100 kW for very large depends on your application.Small loads),depending on the amount of turbines range in size from 20 watts electricity you want to generate.For to 100 kilowatts(kW).The smaller or �idential applications,you should "micro"(20-to 500-watt)turbines are establish an energy budget to help used in a variety of applications such define the turbine size you will need. as charging batteries for recreational Because energy efficiency is usually vehicles and sailboats. less expensive than energy produc- tion,making your house more energy One-to 10-kW turbines can be used in efficient first will probably be more appiications such as pumping water. cost effective and will reduce the size Wind energy has been used for centu- of the wind turbine you need(see ries to pump water and grind grain. How Can I Make My Home More Although mechanical windmills still Energy Effiaent?).Wind turbine provide a sensible,low-mst option �anufacturers can help you size for pumping water in low-wind areas, your system based on your electricity farmers and ranchers are finding that needs and the specifics of local wind wind-electric pumping is a little more pattems. versatile and they can pump twice the volume for the same initial A typical home uses approximately investment.In addition,mechanical 10,000 kilowatt-hours(kWh)of elec- windmills must be placed directly ��ty per year(about 830 kWh per above the well,which may not take �►onth).Depending on the average the best advantage of available wind �d speed in the area,a wind tur- resources.Wind-electric pumping bine rated in the range of 5 to 15 kW systems can be placed where the wind �'ould be required to make a signifi- resource is the best and connected to cant mntribution to this demand.A the pump motor with an electric cable. 1.5-kW wind turbine will meet the needs of a home requiring 300 kWh per month in a locarion with a 14- This 1-kW Whisper mile-per-hour(6.26-meters-per-sec- turbine provides ond)annual average wind speed.The direct AC power for manufacturer can rovide ou with the water pump for ` P y stock hnks on a the expected annual energy output ranch in Wheeler, of the turbine as a function of annual Texas. average wind speed.The manufac- turer will also pmvide information on the maximum wind speed at which . . the turbine is designed to operate safely.Most turbines have automatic overspeed-goveming systems to keep the rotor from spinning out of mntrol in very high winds.This information, along with your local wind speed and � your energy budget,will help you decide which size turbine will best � meet your electricity needs. z .R � � What are the Basic Parts of a Small Wind Electric Basic Parts ot a Small SySt@�1'1? Wind Electric System Home wind energy systems gener- Rotor ally comprise a rotor,a generator or Generatod Tail altemator mounted on a frame,a tail a�ternator (usually),a tower,wiring,and the �; � "balance of system"wmponents: � mntrollers,inverters,and/or batter- ies.Through the spinning blades,the rotor captures the kinetic energy of Tower the wind and converts it into rotary motion to drive the generator. � Wind Turbine Most turbines manufactured today are horizontal auis upwind machines generator from a 60-foot tower height with two or three blades,which are to a 100-foot tower involves a 10% usually made of a composite material ��'ease in overall system mst,but it such as fiberglass. can produce 29%more power. The amount of power a turbine will There are t�'o basic types of tow- produce is determined primarily by ers:self-supporting(free standing) the diameter of its rotor.The diameter and guyed.Most home wind power of the mtor defines its"swept area," systems use a guyed tower.Guyed or the quantity of wind intercepted by towers,which are the least expensive, the turbine.The turbine's frame is the can mnsist of lattice sections,pipe,or structure onto which the rotor,genera- �bing(depending on the design),and tor,and tail are attached.The tail SuPporiing guy H'ires•They aze easier keeps the turbine facing into the wind. to install than self-supporting tow- ers.However,because the guy radius Tower must be one-half to three-quarters Because wind speeds increase with of the tower height,guyed towers height,the turbine is mounted on require enough space to acmmmodate a tower.In general,the higher the them.Although tilt-down towers are tower,the more power the wind more expensive,they offer the con- system can produce.The tower also sumer an easy way to perform raises the turbine above the air maintenance on smaller light-weight Tilt-down towers provide easy turbulence that can exist close to turbines,usually 5 kW or less. maintenance for the ground because of obstructions turbines. such as hills,buildings,and trees.A Tllt_Down Tower general rule of thumb is to install a wind turbine on a tower with the bot- � � - •�;��: tom of the rotor blades at least 30 feet o-'�F �`"''` - "'�`�'`�' - � '' (9 meters)above any obstacle that is within 300 feet(90 meters)of the tower.Relarively small investments in increased tower height can yield very high rates of return in power produc- tion.For instance,to raise a 10-kW � Tilt-down towers can also be low- application,the balance of system ered to the ground during hazazd- parts may include a controller,storage ous weather such as hunicanes. batteries,a power conditioning unit Aluminum towers are prone to (inverter),and wiring.Some wind cracking and should be avoided. turbine controllers,inverters,or other Most turbine manufacturers provide electrical devices may be stamped wind energy system packages that by a recognized testing agency,like include towers. Underwriters Laboratories. Mounting turbines on rooftops is not Stand-Alone Systems recommended.All wind turbines Stand-alone systems(systems not vibrate and transmit the vibration �ected to the utility grid)require to the structure on which they are batteries to store excess power gener- mounted.This can lead to noise and ated for use when the wind is calm. structural problems with the building, �ey also need a charge controller to and the rooftop can cause excessive keep the batteries from overcharging. turbulence that can shorten the life of D���,�e batteries,such as those the turbine. used for golf carts,can discharge Balance of System and recharge 80%of their capacity The parts that you need in addition hundreds of times,which makes them to the turbine and the tower,or the a good option for remote renewable balance of system pazts,will depend energy systems.Automorive batteries on your application.Most manufac- are shallow-cycle batteries and should turers can provide you with a system not be nsed in renewable energy package that includes all the parts you systems because of their short life need for your application.For exam- 'n d�P'�Y��B operations. ple,the parts required for a water pumping system will be much differ- ent than what you need for a residen- �!� tial application.The balance of system required will also depend on whether the system is grid-connected,stand- 9 �i '„ alone,or part of a hybrid system. For a residential grid-connected A Bergey XL.10, 10-kW wind turbine is part of a grid-connected � wind/photovoltaic hybrid system that N � reduces the utility ' power used by this home in Vermont. p The balance of � system(upper right) � includes from left � to ripht,a Trace � inverterforthe PV system,a � breaker box,and a � Powersync inverter for the wind system. � � Small wind turbines generate direct A Southwest current(DC)electriaty.In very small Windpower Air systems,DC appliances operate 303,300-watt turbine is the sole d'uectly off the batteries.If you want to source of electriciry use standard appliances that use con- for this remote ventional household alternating cur- home in northem Arizona. rent(AC),you must install an inverter to convert DC electricity from the batteries to AC.Although the inverter , - . - slighdy lowers the overall efficiency „ � -- �` � � of the system,it allows the home to ` be wired for AC,a definite plus with lenders,electrical code officials,and future homebuyers. For safety,batteries should be isa lated from living areas and electron- � ics because they mntain corrosive � and explosive substances.Lead-acid � batteries also mquire pmtechion from � temperature extremes. � Grid-Connected Systems � In grid-rnnnected systems,the only ranges from$15,000 to$50,000 for additional equipment required is a a 3-to 10-kW wind turbine. power conditioning unit(inverter) that makes the turbine output electri- Although wind energy systems cally compatible with the utility grid. �volve a significant initial invest- Usually,batteries are not needed. �►e�►t,they can be competitive with rnnventional energy sources when What Do Wind Systems you account for a lifetime of reduced COSt? or avoided utility rnsts.The length Installation costs vary gready depend- of the payback period—the time ing on local zoning,permitting, before the savings resulting from your and utility interconnection costs. system equal the mst of the system According to the American Wind l���epends on the system you Energy Association,small wind �����e wind resource on your energy systems rnst from$3,000 to site,electricity msts in your area,and $5,000 for every kilowatt of generating how you use your wind system.For capacity.This is much cheaper than example,if you live in California and solaz elechric systems,but the payback have received the 50%buydown of period can still be lengthy. your small wind system,have net metering,and an average annual Wind energy bemmes more cost effec- �d speed of 15 miles per hour tive as the size of the turbine's rotor (�ph)(6.7 meters per second[m/ increases.Although small turbines s]),your simple payback would be cost less in initial ouday,they are approximately 6 years. proportionally more expensive.The cost of an installed residential wind energy system with an 80-foot tower, batteries,and inverter typically � '1 1 •I references of past customers with installations similar to the one you are rnnsidering.Ask the system owners about performance,reliability,and maintenance and repair requirements, and whether the system is meeting their expectarions.Also,find out how long the warranty lasts and what it includes. Where Can I Find Installation and Maintenance Support? The manufacturer/dealer should be able to help you install your machine. Many people elect to install the machines themselves.Before attempt- � ing to install your wind turbine,ask , yourself the following quesrions: � • Can I pour a proper cement � foundation? � • Do I have access to a lift or a way of Small wind erecting the tower safely? turbines like this Things to Consider When • Do I know the difference between 10-kW eergey purchasing a Wind Turbine AC and DC wirin � XL.10 provide $• electricity for Once you determine you can install . Do I know enou about electrici home,farm,and a wind energy system in compliance � � ty ranch applications. to safely wire my turbine. with local land use requirements,you can begin pricing systems and mmpo- • Do I know how to safely handle nents.Comparatively shop for a wind and install batteries? system as you would any major pur- If you answered no to any of the chase.Obtain and review the product above questions,you should probably literature from several manufacturers. choose to have your system installed As mentioned earlier,lists of manu- by a system integrator or installer. facturers are available from AWEA, Contact the manufacturer for help (see For More Information),but not or call your state energy office and all small turbine manufacturers aze local utility for a list of local system members of AWEA.Check the yellow installers.You can also check the yel- pages for wind energy system dealers low pages for wind energy system in your area. service providers.A credible installer Once you have narrowed the field, ti'ill provide many services such as research a few companies to be sure Permittin$•Find out if the installer is a they are remgnized wind energy licensed electriaan.Ask for references businesses and that parts and service and check them out.You may also wil]be available when you need them. �'�'ant to check with the Better Business You may wish to contact the Better Bureau. Business Bureau to check on Although small wind turbines aze the compan�s integrity and ask for very sturdy machines,they do rnquire � some annual maintenance.Bolts wind speed results in a large increase and electrical mnnections should be in power.That is why a taller tower checked and tightened if necessary. will increase the productivity of any The machines should be checked for wind turbine by giving it access to corrosion and the guy wires for higher wind speeds as shown in the proper tension.In addition,you Wind Speeds Increase with Height should check for and replace any graph.The formula for calculating worn leading edge tape on the blades, the power from a wind turbine is: if appropriate.After 10 years,the Power=k Cp 1/2 p A V' blades or bearings may need to be replaced,but with proper installation �ere: and maintenance,the machine should P = Power output,kilowatts last up to 20 years or longer. CP= Maximum power coefficient, ff you do not have the expertise to rang�g��0.25 to 0.45, maintain the machine,your installer �►ension less(theoretical may provide a service and mainte- m��=0.59) nance program. p = Air density,lb/ft� How Much Ene Will M A = Rotor swept area,ftzor C9Y y n Dz/4(D is the rotor System Generate? diameter in ft,n=3.1416) Most U.S.manufacturers rate their V = Wind speed,mph turbines by the amount of power they k = 0.000133 A constant to yield can safely pmduce at a particulaz �,��������� wind speed,usually chosen between the above kilowatt answer by 24 mph(10.5 m/s)and 36 mph(16 m/ 1.340 mnverts it to horse- s).The following formula power[i.e.,l kW=1.340 illustrates factors that are important horsepower]). to the performance of a wind turbine. �e rotor swept area,A,is important Notice that the wind speed,V,has an because the rotor is the part of the exponent of 3 applied to it.This �bine that captures the wind energy. means that even a small increase in Relative Size of Small Wind Turbines ao 8 � `>;,: .�-:_,> 6 E �5 m m �4 O B � `03 0 � 2 • o • / 1 � Sour�e:Paul Gipe,Wind FnergyBasics 1 Air Density Chanpe with Elevation height of the tower that you plan to 10'0°° use,and the frequency distribution of 9'0°° - the wind-an estimate of the number 8�000 .t.._. :ok." _ - = n ` ;.a � of hours that the wind will blow at � '�0°° each speed during an average yeaz. 0 6�D00 They should also adjust this calcula- F 5�0°° tion for the elevation of your site. -��' °�0°� Contact a wind turbine manufactumr s,000 or dealer for assistance with this 2�� � calculation. �'0°° � To get a preliminary estimate of the io �s ao as so ss �oo performance of a particulaz wind tur- Density change compared to sea level,9'o bine,use the forntula below. AEO=0.01328 Dz V3 So,the larger the rotor,the more Where: energy it can capture.The air density, � = p�ual energy output, p,changes slighdy with air tempera- kWh/yeaz ture and with elevation.The ratings for wind turbines are based on D = Rotor diameter,feet standazd mnditions of 59°F(15°C) V = �ual average wind speed, at sea level.A density correction mph should be made for higher elevations The Wind Energy Payback Period as shown in the Air Density Change Workbook found at www.nrel.gov/ with Elevation graph.A correction for �d/docs/spread_sheet_Final.xls is temperature is typically not needed a spreadsheet tool that can help you for predicting the long-term perfor- �Y��e economics of a small wind mance of a wind turbine. electric system and decide whether wind energy will work for you.The Although the calculation of wind spreadsheet can be opened using power illustrates important features Microsoft Exce195 software.It asks about wind turbines,the best mea- you to provide information about how sure of wind turbine performance is you're going to finance the system, annual energy output.The difference �e chazacteristics of your site,and between power and energy is that �e P�l�rnes of the system you're power(kilowatts[kW])is the rate at CO�idering.It then provides you with a simple payback estimation in years. which electriaty is rnnsumed,while �it takes too long to regain your capi- energy(kilowatt-hours[kWh])is the tal investment the number of years quantity rnnsumed.An estimate of comes too close or is greater than the the annual energy output from your life of the system—wind energy will wind turbine,kWh/yeaz,is the best not be practical for you. way to determine whether a particulaz wind turbine and tower will produce enough electricity to meet your needs. A wind turbine manufacturer can help you estimate the energy production you can expect.They will use a cal- culation based on the particular wind turbine power curve,the average annuai wind speed at your site,the Is There Enough Wind particulaz locarion.Airport wind data on My Site? are generally measured at heights Does the wind blow hard and con- about 20-33 ft(fr10 m)above ground. sistently enough at my site to make a Average wind speeds increase with small wind turbine system economi- height and may be 15%-25%greater cally worthwhile?That is a key ques- at a typical wind turbine hub-height tion and not always easily answered. of 80 ft(24 m)than those measured The wind resource can vary signifi- at airport anemometer heights.The cantly over an area of just a few miles National Climatic Data Center collects because of local tenain influences data from airports in the United States on the wind flow.Yet,there are steps and makes wind data summaries you can take that will go a long way available for purchase.Summaries towards answering the above of wind data from almost 1000 U.S. question. airports are also included in the Wind Energy Resource Atlas of the United As a first step,wind resource maps States(see For More Information). like the one on pages 12 and 13 can be used to estimate the wind resource �other useful ind'uect measurement in your region.The highest average of the wind resource is the observa- wind speeds in the United States aze tion of an area's vegetation.Trees, generally found along seacoasts,on �P��ly mnifers or evergreens,can ridgelines,and on the Great Plains; be permanendy deforn►ed by strong however,many azeas have wind �'�ds.This deformity,known as resources strong enough to power a "�flagging,"has been used to estimate small wind turbine economically.The �►e average wind speed for an area. wind resource estimates on this map For more information on the use of generally apply to terrain features that flagging,you may want to obtain are well exposed to the wind,such as plains,hilltops,and ridge crests.Local Wind Speeds Increase with Helpht tenain features may cause the wind E resource at a specific site to differ con- �so _ � siderably from these estimates.More � detailed wind resource information, ,_�._ ���;� ?.•. � •- �'`--,' y� . -�''�^>�?.���r'�s.�<.'' including the Wind Energy Resource ''���`"' ` " Atlas of United States,published by the 120 U.S.Department of Energy(DOE), can be found at the National Wind = Technology Center Web site at www. o,so nrel.gov/wind/and the DOE Wind L Powering America Web site at www. o windpoweringamerica.gov. � so Another way to indirectly quantify the wind resource is to obtain average wind speed information from a nearby airport.However,caution 30 should be used because local terrain influences and other factors may cause the wind speed remrded at o an airport to be different from your o ai �s �oo �za Increase in wind power,% � A � r • � � � � _. � e A 4 , � � • + a • � M 1= ♦� � � � �� a�� � m � s �e � 7 . C � VO� ��6 � ���e��� � � � . , � ����o��� � �� � ..r R� � �� � �����88� �� �� '$ ������ �'� � � �' � ����a��� a � �����a� �� � S. � b���i4+�e � �b�g���� �' �,� -�, � � ' u � � � a� �� �S � �� �� � �° , �.� � �� �� � � �� ����' � �� � � �� � , � �� � : � � .� �� Flapging,the effect of stronp winds on Flegglnp o � area vepetaGon, can help determine Prevailing wtnd--� No � ' Br�ehing deformity and slight area wind speeds. ��1� , . ` ` ;�y;Y•V. , ,�; ,�� `��,�,',rr�4� ' ,_ ���;.. i;�= _ ' ;3 - ' .,�,- - -<:�.''.t „'�.,_- m!;."3-. - -�' ,�`` >:z� ,iti,F, �:„:,�'-'��, r� �wr;y,-,• :�� ero 'a, A Siting Handbook for Small Wind How Do 1 Choose the Best Energy Conversion Systems(see For Site for My Wind Turbine? More Information). You can have varied wind resources Direct monitoring by a wind resource within the same property.In addition measurement system at a site pra to measuring or finding out about vides the cleazest picture of the avail- the annual wind speeds,you need to able resource.A good overall guide know about the prevailing directions on this subject is the Wind Resource of the wind at your site.If you live in Assessment Handbook(see For More complex tenain,take care in selecting Information).Wind measurement the installation site.If you site your systems are available for costs as low wind turbine on the top of or on the as$600 to$1200.This expense may or windy side of a hill,for example,you may not be hard to justify depending will have more access to prevailing on the exact nature of the proposed winds than in a gully or on the lee- small wind turbine system.The mea- wazd(sheltered)side of a hill on the surement equipment must be set high same property.In addition to geologic enough to avoid turbulence created formations,you need to rnnsider by trees,buildings,and other obstruc- existing obstacles such as trees, tions.The most useful readings are houses,and sheds,and you need to those taken at hub-height,the eleva- plan for future obstructions such as tion at the top of the tower where the new buildings or trees that have not wind turbine is going to be installed. reached their full height.Your turbine If there is a small wind turbine sys- needs to be sited upwind of build- tem in your area,you may be able to ings and trees,and it needs to be 30 obtain informaHon on the annual feet above anything within 300 feet. output of the system and also wind You also need enough room to raise speed data if available. and lower the tower for maintenance, Obstruclion of the Wind by a Building or Tree of HeigM(H) /� -'� o � � � �� �E 20 H � Thefartheryou place your wind and if your tower is guyed,you must requires,the excess is sent or sold to turbine from allow room for the guy wires. the utility. obstacies such as buildings or Whether the system is stand-alone Grid-mnnected systems can be practi- trees,the less or grid-connected,you will also need cal if the following conditions exist: turbulence you to take the length of the wire run will encounter. • You live in an area with average between the turbine and the load �ual wind speed of at least (house,batteries,water pumps,etc.) 10 mph(4.5 m/s) into consideration.A substantial amount of electricity can be lost as a • Utility-supplied electricity is result of the wire resistance—the lon- �Pensive in your area(about 10 to ger the wire run,the more electrio- 15 cents per kilowatt-hour) ity is lost.Using more ar larger wire • The utility's requirements for will also increase your installation connecting your system to its grid cost.Your wire run losses are greater are not prohibitively expensive when you have direct current(DC) . �ere�g��rentives for the instead of alternating current(AC). sale of excess electriaty or for the So,if you have a long wire run,it is P��ase of wind turbines. , advisable to invert DC to AC. Federal regulations(speci6cally,the Can I Connect My System Public Utility Regulatory Policies Act to the Utility Grid? of 1978,or PURPA)require utilities Small wind energy systems can be to mnnect with and purchase power connected to the electricity distribu- from small wind energy systems. tion system and are called grid- However,you should contact your connected systems.A grid-rnnnected utility before rnnnecting to their dis- wind turbine can reduce your con- �bution lines to address any power sumption of utility-supplied electric- 9uality and safety rnncems.Your ity for lighting,appliances,and utility can provide you with a list of electric heat.If the turbine cannot �1����for connecting your sys- deliver the amount of energy you tem to the grid.The American Wind need,the utility makes up the differ- Energy Associaflon is another good ence.When the wind system produces source for information on utility more electricity than the household �terwnnection requirements.The � A grid-connected Grid-ConneCted Systems wind turbine can reduce your consumption of utility-supplied electricity. , � AC yy�� Load turbine E � r � 0 following information about utility Most of North America gets more grid connection requirements was wind in the winter than in the sum- taken from AWEA's Web site.For mer.For people using wind energy to more detailed information,visit www. displace a large load in the summer awea.org/or contact AWEA(see For like air-rnnditioning or irrigation More Information). water pumping,having an annual Net Metering NEG credit allows them to produce NEG in the winter and be credited in The concept of net metering programs �e summer. is to allow the electric meters of cus- tomers with generating faalities to Safety Requirements tum backwards when their generators Whether or not your wind turbine are producing more energy than the is mnnected to the utility grid,the customers'demand.Net metering installation and operation of the wind allows customers to use their genera- turbine is probably subject to the tion to offset their consumption over electrical codes that your local gov- the entire billing period,not just emment(city or rnunty),or in some instantaneously.This offset would instances your state government,has enable customers with generating in place.The govemmenYs prinapal faalities to receive retail prices for mncem is with the safety of the more of the electricity they generate. facility,so these code requirements Net metering varies by state and emphasize proper wiring and installa- by utility company,depending on �ion and the use of mmponents whether net metering was legis- �t have been certified for fire and lated or directed by the Public Utility electrical safety by approved testing Commission.Net metering programs laboratories,such as Underwriters all specify a way to handle the net Laboratories.Most local electrical excess generation(NEG)in terms of �des requirements are based on payment for electricity and/or length �e National Electrical Code(NEC), of time allowed for NEG credit.If ti'��is published by the National the net metering requirements define Fire Pmtection Association.As of NEG on a monthly basis,the consum- 1999,the latest version of the NEC did er can only get credit for their excess not have any sections specific to the that month.But if the net metering �stallation of wind energy facilities' rules allow for annual NEG,the NEG consequently wind energy installa- credit can be carried for up to a yeaz. hons are governed by the generic provisions of the NEC. i . If your wind turbine is connected to pmvider.In the case of private(inves- the local utility grid so that any of the tor-owned)utilities,the terms and power produced by your wind tur- conditions in these agreements must bine is delivered to the grid,then your be reviewed and approved by state utility aiso has legitimate concerns regulatory authorities. about safety and power quality that need to be addressed.The utility's �nsurance principal rnncem is that your wind �me utilities require small wind turbine automatically stops deliver- turbine owners to maintain liability ing any electricity to its power lines ��'anre��ounts of$1 million or during a power outage.Otherwise �►ore.Utilities consider these require- line workers and the public,thinking �ents necessary to protect them from that the line is"dead;'might not take liability for facilities they do not own normal precautions and might be and have no contro]over.Others hurt or even killed by the power from consider the insurance requirements your iurbine.Another rnncem among excessive and unduly burdensome, utiliries is whether the power from making wind energy unernnomic.In your facility synchronizes properly �e 21 yeazs since utilities have been with the utility grid and it matches the r�l�'�to allow small wind systems utilit}�s own power in terms of volt- to interconnect with the grid,there has never been a liabili claim let This grid- age,frequency,and power quality. h' � connected, alone a monetary award,relating to 10-kW Berpey A few years ago,some state govem- e����ety wind turbine ments started developing new offsets standardized interconnection require- �seven states(California,Georgia, electrical power ments for small renewable energy Maryland,Nevada,Oklahoma, consumption for Ore o and Washin on a small business generating facilities(induding wind 8 � gt ),laws in Norman, turbines).In most cases,the new or regulatory authorities prohibit Oklahoma. requirements are based on consen- sus-based standazds and testing pro- cedures developed by independent third-party authorities,such as the Institute of Electrical and Electronic Engineers and Underwriters Laboratories. Interconnection Requirements _�� {f=_ ,�"� ; „�;.� „ ,�� �..�:. Most utilities and other electricity :�'-�`= � 4 � providers require you to enter into a ` �� formal agreement with them before ` � you interconnect your wind turbine � with the utility grid.In states that i have retail competition for electriaty -f : service(e.g.,your utility operates the local wires,but you have a ��� choice of electricity provider) - �� � � you may have to sign a separate � agreement with each wmpany. � Usually these agreements are writ- �- . � ten by the utility or the electricity ��Y Y w�"' . � ..,,�:�.�...a"'�- � utilities from imposing any insurance faality.Although the basic principle requirements on small wind sys- is sound utilities should not be tems that qualify for"net metering." held responsible for property dam- In at least two other states(Idaho, age or personal injury attributable Virginia),regulatory authorities have to someone eLse--indemnity provi- allowed utilities to impose insurance sions should not favor the utility but requirements but have reduced the should be fair to both parties.Look for required coverage amounts to levels language that says,"each party shall consistent with conventional residen- indemnify the other..."rather than tial or rnmmercial insurance policies "the customer shall indemnify the (e.g.,$100,000 to$300,000).If your utility..." insurance amounts seem excessive, Customer Charges you can ask for a reconsideration from regulatory authoriries(in the case of Customer charges can take a variety private investor-owned utilities)or of forms,including interconnection the utility's governing board(in the ��'ges,metering chazges,and case of publicly owned utilities). standby charges.You should not hesitate to question any charges that IndemniNcatlon seem inappropriate to you.Federal An indemnity is an agreement law(Public Utility Regulatory Policies between two parties in which one Act of 1978,or PURPA,Section 210) agrees to secure the other against loss prohibits utilities from assessing dis- or damage arising from some act or criminatory chazges to customers who some assumed responsibility.In the have their own generation facilities. context of customer-owned generat- ing facilities,utilities often want customers to indemnify them for any potential liability arising from the operation of the customei's generating Connecting#o the UUlity Grid: A Success Siory This i0-kW Bergey wind turbine,installed on a farm in Southwestem Kansas in 1983,pra duces an average 1700-1800 kilowatt-hours per month,reducing the nse�'s monthly utility bills by approximately 50%.The turbine mst about $20,000 when it was instaUed.Since then,the mst for operation and maintenance has been about$50 per yeaz.The only unscheduled main- tenance activity over the years was repair to the turbine required as a result of a lightrung strike. Insurance rnvered all but$500 of the$9000 rnst of � � damages.The basic system parts include: �� Bergey XL.10 wind fiubine � 100-foot free-standing lattice tower � Inverter � . , � Hybrid Power Systema ' A hybrid system Combine muRiple sources to deliver non-intermittent electric power that combines a � i . wind system with a .�;�_„:}_. solar and/or diesel r:�'� � - generator can '� ,: provide reliable off- v"�': ' � grid power around PV modules the CloCk. � Generator � AC or Load DC � E Wind � turbine s • - - - Battery bank Can I Go "�f-Grid"? For the times when neither the wind Hybrid Systems hu'bine nor the PV modules aze pro- Hybrid wind energy systems can ducing,most hybrid systems provide provide reliable off-grid power for Power through batteries and/or an homes,farms,or even entire com- engine-generator powered by rnnven- munities(a cahousing project,for tional fuels such as diesel.If the bat- exampie)that are far from the near- teries run low,the engine-generator est utility lines.Acmrding to many �Provide power and rechazge renewable energy experts,a"hybrid" �e batteries.Adding an engine- system that mmbines wind and 8�erator makes the system more photovoltaic(PV)technologies offers CO�plex,but modem electronic several advantages over either single controllers can operate these systems system.In much of the United States, automatically.An engine-generator wind speeds are low in the summer �an�o reduce the size of the other when the sun shines brightest and COmponents needed for the system. longest.The wind is strong in the K�P��d that the storage capac- winter when less sunlight is available. ity must be large enough to supply Because the peak operating times electrical needs during non-chazging for wind and PV occur at different Periods.Battery banks are typically times of the day and yeaz,hybrid sized to supply the electric load for systems are more likely to produce one to three days. power when you need it.(For more An off-grid hybrid system may be information on solar electric or PV practical for you if: systems,rnntact the Energy Efficiency • you live in an area with average and Renewable Energy Information annual wind speed of at least Portal—see For More Inforn►ation.) 9 mph(4.0 m/s) • A grid connection is not available or can only be made through an � � expensive extension.The cost of • You would like to gain energy n,nning a power line to a remote independence from the utility site to mnnect with the utility grid . You would like to generate clean can be prohibitive,ranging from power. $15,000 to more than$50,000 per mffe,depending on tenain. Livtng Off-Grid:A Success Story This home,built near Ward,Colorado(at an eleva6on of 9000 feet),has been off-grid since it was built in 1972.When the house was built,the nearest util- ity was over a mile away,and it would have mst between$60K$70K(based on 1985 rates)to mnnect to the utility l,ines.The owners deaded to instail a hybrid electric system powered by wind, � solaz,and a generator for a rnst of about � , $19,700.The parts of the system include: t Bergey 1.5-kW wind iurbine,l0-ft(3-m) diameter rotor,70-ft.(21-m)tower Solarex PV panels,480 wa#ts 24 DC battery bank,375 ampere-hours Trace sine wave inverter,120 AC,1 phase, 4kW Onan propane-fueled generator,6.5 kW , .-.�:v rated(3 kW derated for aititude) Electric appliances in the home include television,stereo,two mmpu#ers,toaster, blender,vacuum cieaner,and hair dryer. The lazgest electric loads are created by a well pump and washing machine.The generator runs about 20%of the time,paz- ticulazly when the washing machine is in use.Propane serves the other major �loads in the home:range,refrigerator,hot water,and space heat.Soiar mllectors on �#he roof provide pre-heating for the hot �water. � i Glossary of Terms kWh—Kilowatt-hour,a measure AirtOil—The shape of the blade cross- of energy equal to the use of one section,which for most modem hori- �owatt in one hour. zontal axis wind turbines is designed MW—Megawatt,a measure of power to enhance the lift and improve tur- (1,000,000 watts). bine performance. N2Celle—The body of a propeller-type Ampere-hour—A unit for the quantity wind turbine,containing the geazbox, of electricity obtained by integrating g�erator,blade hub,and other parts. current flow in amperes over the time 0&M COsts-0peration and mainte- in hours for its flow;used as a mea- sure of battery capaaty. nance rnsts. Anemometer—A device to measure Power coefficient—The rario of the the wind speed. power extracted by a wind turbine to the power available in the wind Average wind speed—The mean wind stream. speed over a specified period of time. pOwer Cutve—A chart showing a 618des—The aerodynamic surface that wind turbine's power output across catches the wind. a range of wind speeds. Brake—Various systems used to stop PU�Public Utility Commission,a the rotor from turning. state agency which regulates utilities. COnverter—See Inverter. �n so�►e areas known as Public Service Cut-in wind speed—The wind speed Commission(PSC). at which a wind turbine begins to PURPA—Public Utility Regulatory generate electriaty. Policies Act(1978),16 U.S.C.§2601.18 Cut-out wlnd Speed—The wind speed CFR§292 that refers to small at which a wind turbine ceases to generator utility connection rules. generate electricity. RBted output CBpaClty—The output Densi power of a wind machine operating ty—Mass per unit of volume. at the rated wind speed. DOwnwirld-0n the opposite side Rated wind speed—The lowest wind from the direction from which the speed at which the rated output wind blows. power of a wind turbine is produced. Furling—A passive protection for the RotO�The rotating part of a wind turbine in which the rotor folds either }�bine,including either the blades up or azound the tail vane. and blade assembly or the rotating GI'id—The utility distribution system. portion of a generator. The network that rnnnects electricity ROtor d'18meter—The diameter of the generators to electricity users. �cle swept by the rotor. HAWT—Horizontal axis wind turbine. RotOr Speed—The revolutions per InV2rt2f—A devim that converts direct minute of the wind turbine rotor. current(DC)to altemating cunent Start-up wind speed—The wind speed (AC). at which a wind turbine rotor will kW—Kilowatt,a measure of power for begin to spin.See also Cut-in wind electrical current(1000 watts). speed. SW2pt ar22—The area swept by the Wind Energy Basics turbine rotor,A=n Rz,where R is the Paul Gipe radius of the rotor. ISBN 1-890132-07-01 Tip Speed ratl0—The speed at the tip A�°mPrehensive guide to modem of the rotor blade as it moves through smail wind technology. the air divided by the wind velocity. �erican Wind Energy Assoaation This is typically a design requirement �202)383-2500 for the turbine. www•awea.org or Tu�bulenCe—The changes in wind �elsea Green Publishing Company speed and direction,frequendy W�,H,,�elseagreen.com caused by obstacles. Wind Energy Resource Atlas of the Upwind�n the same side as the United States direction from which the wind is D.Elliott et al. blowing—windward. American Wind Energy Associarion VAWT—Vertical axis wind turbine. (202)383-2500 Wind fa�m—A group of wind iur- `^'F'�'�'•awea.org bines,often owned and maintained by n'edc.nrel.gov/wind/pubs/aflas one company.Also known as a wind Wind Power for Home,Farm,and power plant. Business:IZenewable Energy for the Yaw—The movement of the tower top New Millenium turbine that allows the turbine to stay Paul Gipe into the wind. ISBN-1-931498-148 Completely revised and expanded For More Information edition of Wind Power for Home and Business Books Cheisea Green Publishing Company A SiHng Handbook far Small Wind www.chelseagreen.mm Energy Conversion Systems W{nd Power Wmkshop H.Wegley,J.Ramsdell,M.Orgill and Hugh Piggott R.Drake Provides an overview on how to Report No.PNL-2521 Rev.1,1980 design a home-built wind turbine. National Technical Inforn►ation '�e Center for Altemarive Service Technology 5285 Port Royal Rd. Machynlleth,Powys Springfield,VA 22151 (800)553-6847 SY20 9AZ,UK Phone:06154-702400 www.ntis.gov E_��;helpQcatinfo.demon.m.uk Energy Savers Tips on Saving Energy www.foe.co.uk/CAT and Money at Home—A consumef s guide for saving energy and reducing utility bills.www.eere.energy.gov/ consumerinfo/energy_savers Government Agencies Videos U.S.Depaztment of Energy's Energy An Introduction to Residential Wind Efficiency and Renewable Energy Systems with Mick Sagrillo Information Portal A 63-minute video answering ques- www.eere.energy.gov tions most often asked by homeown- National Climatic Data Center ers as they consider purchasing and Federal Building,151 Patton Avenue �talling wind power systems Asheville,North Carolina,28801-5001 �erican Wind Energy Association Phone:(828)271-4800 Phone:(202)383-2500 www.ncdc.noaa.gov �Wawea.org U.S.Department of Commerce �Neb Sites National Technical Information Small Wind Systems Service Includes answers to frequendy asked 5285 Port Royal Road questions and inforn►ation on U.S. Springfield,Virginia 22161 manufacturers. (800)553-6847 www.awea.org/smallwind.htrnl www.ntis.gov Database of State Incentives for Non-Government Organizations Renewabie Energy American Wind Energy Association �^'�^'�^'�dsireusa.org 1101 14th St.,NW Green Power Network Net Metering 12th Floor Net metering pmgrams aze now avail- Washington,D.C.20005 able in mom than 35 states. Phone:(202)383-2500 www.eere.energy.gov/greenpower/ www.awea.org mazkets Solar Energy International Small Wind"Talk"on the Web Short courses on rnnewable energy AWEA's Home Energy Systems elec- and sustainable development tronic mailing list is a forum for the Phone:(970)963-8855 discussion of small-scale energy sys- www.solarenergy.org tems that include wind.To subscribe, Periodicals send a subscription request to awea- wind-home-subscribeC�legroups.mm. Apples and Oranges Mick Sa llo Wind Energy for Homeowners � This Web page covers items you A comprehensive comparison of �ould mnsider before investing available small wind turbines avail- able on the Home Power Magazine �a small wind energy system and Web site:www.homepower.com P��des basic information about the systems. Home Power Magazine �W.�el.gov/clean_energy/home_ The definitive bimonthly magazine �d.html for the homemade power enthusiast. Wind Resource Assessment Phone:(800)707-6586 Handbook www.homepower.com www.nrel.gov/docs/legosti/ fy97/22223.pdf 2002 Farm Bi I I—W I llf� The amount of the payments depends on Energy Development �e size of the wind installation,the pro- duction of electriaty by that system,and Provisions the length of the contract period.Mainstay Renewable Energy Systems and offers 3-,5-,and 10-yeaz purchase rnn- Energy Efftciency Improvements �'acts.The longer rnntract periods provide greates incentive payments on a$/kWh Incentive Type:Low-interest loans,loan basis.Typical payments for wind,which guarantees,and grants are made quarterly,range from 0.2q/kWh Eligible Teclu►ologies:Renewable energy to 1.5Q/kWh. systems(energy derived from wind, .I.here is a$100 certification fee to et solar,biomass,geothermal,and hydra stazted with Mainsta Rewazds.However, gen derived from biomass or water {�e fee ma be azd with future n ta using a renewable energy source)and Y P S� S energy effiaency improvements. sales,and is generally waived for partici- Applicable Sectors:Agriculivre,rural Pants who opt for 10-yeaz rnntracts. small commacial 1'he requirem�ts are: Amoun�Varies.The grant may not exceed i. The system mnst be grid-connected; 25%of the mst of a project,and a com- 2, Net-metering by the utility does not bined grant and loan or guazantee may ����e system owner from selling not exceed 50%of the cost of a project. �e g���. Terms:2003-2007 3. The system owner must have tide to the Date E�cted:2002 �n tags or renewable energy credits. Authority:Fazm Bill,Tifle IX,Section 9006 '�ey cannot have been sold Summary:This law allows direct financial or transferred to any other entity; assistance to fazmers,ranchers,and rural 4. The system must be a new renewable, small businesses for the purchase of wind which,in most states,means pow- power and other renewabie energy sys- ered up on or after 1/1/1999.See the tems and for energy eftiaency improve- Mainstay Energy web site for ments.This program is authorized for eacceptions; fvnding for up to$23,000,000 per yeaz in 5. For any systems over 10 kW,the system 2003-2007,totaling up to$115 million.In generation must be metered sepazately. determining the amount of a grant or loan, For systems under 10 kW,sepazate i1SDA shall consider the type of renewable metering is not necessary.Paya►ents energy system,the quantity of energy likely are made based on estimated to be generated,the expected environa►en- production tal benefits,the extent to which the system Contack is replicable,and the amount of energy MainytaY ReN,azdg p�og�,am savings from energy efficiency improve- M��Y���, ments and the likely payback period. 161 E.Chicago Ave. USDA Rural Development State Office Suite 41B contacts can be found at www.rurdev. Chicago,lL 60611-2624 usda.gov/rbs/fazmbill/contacts.htm Phone:(877)473-3682 Fa�c(312)89fr1515 USDA Farm Bill Web site:www.rurdev. �M�����Y�ergy.com usda.gov/rbs/fumbill/resourc.htm Website:hrip://mainstayenergy.com Green Tag Purchase Program Mainstay Energy is a private mmpany offering customers who install,or have installed,renewable energy systems the oppommity to sell the green tags(also known as renewable energy credits,or RECs)associated with the energy gener- ated by these systems.These green tags will be brought to mazket as Green-e* http://www.green-e.org or state certified products.Partiapating customers receive regulaz,recurring payments through the Mainstay Energy Rewazds Program. __ �".a_;.�f; -.'.�a;z ��1,..�� ' ��.a,v.,r�.u.� ' 'r�,�'*;';'�;A�t;� r' _- • `:�i .,:.`;�+.'„Yv�' "�,,,ti•.�*;." . -`5;�-`a' ..x._ a r �`:�; ., .� .., " „ Incentives for Small Wind in Minnesota For a canprehensive overview of Minnesota inceMives for small wind projects,visft the DSIRE(Database of State InceMives for Renewables and Efficiency)Web site at www.dsireusa.org Contact: Wind Powering America uuww.windpoweringamerica.gov � �� w � � usT �Y� ,�� ��� Brian Mtonich,M.S. �^�� Small wnd Program Analyst �ndustry 2105 FrstAvenue South U.S.Depariment of Energy Minneapolis,MN 55404 Wind Energy Program Phone:612-870-3465 www.eere.energy.gov/windandhydro/ Fax:612-813-5612 E-mail:brian�windustry.org www.windustry.org Lisa Daniels 2105 Rrst Avenue South Minneapolis,MN 55404 Phone:612-870-3462 Fax:612-813-5612 E-mail:lisa�windustry.org Ron Stimmel Small wnd Advocate American Wind EnergyAssociation 1101 14th Street NW,12th Floor Washington,DC 20005 Phone:202-383-2500 Fax:202-383-2505 E-mail:rstlmmel�awea.org www.awea.org/smallwind A Strong Energy Portfolio for a Strong Amedca Energy eHiciency and dean,renewable energy will mean a stronger economy,a deaner ernironmem,and preater energy independe�e for America.Working witli a wide array of state,community,indushy,and unhrersity partners,the U.S.DepaAmeM of Energy's Office M Energy Eificiency and Renewable Energy invests in a diverse poRfolio of energy technologies. Produced for tt�e U.S.Department of Energy by the For more informatlon coritact: National Renewable Energy Laboratory, EERE Information Center a DOE national laboratory 1-877-EERE-INF(1-877-337-3463) DOE/GO-102007-2411 • Aprf12007 www.eere.energy.gov PriMed with a renewable-source ink on paper cordaining at leas[50%wastepaper,induding 10%postconsumer wesle. r . CODUCIL MEETING Date Application Received: NA ��R � 9 LQ1� Date Application Considered as Complete: NA 60-Day Review Period Expires: NA CiN OF OR�O REQUEST FOR COUNCIL ACTION Date: February 27, 2015 Item No. Department Approva Administrator Approval: Agenda Section: Name:Mike Gaffron Planning Title: Senior Planner Item Description: #15-3708 Amend Zoning Ordinance Text: Section 78-1405(a)(8) Standards for Fences as a Non-Encroachment List of Ezhibits: ExhibitA. Existing Code Section 78-1405(a)(8) Exhibit B. Revised Draft Ordinance for Discussion& Summary Ordinance Exhibit C. Sketch-Allowed Fence Heights in Required Yards Exhibit D. Sketch- Fence Height Measurement- PC Recommendation Exhibit E. Draft Planning Commission Minutes 2/17/2015 Exhibit F. Planning Commission Memo and Exhibits dated 2/12/2015 Summary of Request: The proposed amendment is intended to clarify how fence height is measured; to address the permanence of fencing materials; and to establish standards for the use of temporary fences. Additionally, the average setback applicable to fence construction on lakeshore lots is clarified. Planning Commission Recommendation: On 1/20/2015 the Planning Commission held a public hearing on the proposed amendment with no public comments forthcoming. The item was tabled upon staff recommendation as it was determined that the draft ordinance was � incomplete and there were specific changes requested by the Planning Commission. A revised draft ordinance was reviewed at a second public hearing held 2/17/2015. Planning Commission made some revisions to the text and voted 5-0 to recommend approval. Staff Recommendation: Staff recommends adoption of the attached ordinance as revised by the Planning Commission. Due to the length of the ordinance, a Summary Ordinance is also included for publication. The proposed revisions in a nutshell are as follows: 1) Add a sentence to clarify how fence height is measured; 2) Add standards for allowing excess height for decorative fence elements(post finials); 3) Clarify the concept of average setback as it pertains to fences on lakeshore lots; 4) Clarify how fence heights are limited on non-standard lakeshore lots; and 5) Add language regarding fence materials and use of temporary fences. Please review the Planning Commission Memo and Exhibits and the draft February 17 PC minutes for additional background , � 15-3708 Fence Standards February 27,2015 Page 2 Hei�ht Measurement. Planning Commission after reviewing diagrams of how various fence configurations might be measured(See PC Ezhibit E, Sketch 1)concluded that measuring fence height perpendicular to the slope, rather than vertically, would be most appropriate. This is diagrammed in Council Ezhibit D. The draft ordinance incorporates this method. Potentially for discussion is that on a steeper slope it is not likely someone would build a fence with angled posts as shown in the bottom fence depiction. Decorative Fence Elements. In measuring fence height, a question that was originally posed was,what do we consider to be the top of the fence? The amendment as initially drafted indicated that height should be measured "from the top of any part of the fence, including vertical structural supports, lattice, ornate top design elements, and so forth". It was noted that, for example, a 6' screening fence with decorative post finials extending above it would technically be out of compliance with this. Staff questioned whether Planning Commission was interested in establishing some standazds for decorative elements extending above the visual top of the fence. Planning Commission discussed this and concluded that limited finials above the top of the fence would be appropriate. The result is an exclusion of post finials from being considered as part of the fence,plus proposed text that states: Excention: Post finials extendin�above the ton of the fence shall not exceed 10 (ten) inches in width per finial and shall not extend above the ton of the fence bv more than 10% (ten nercent)of the allowed maximum fence hei t at that location. A 6' (72"nominal)fence would be allowed a 7"finial above the top of the fence; a 42"fence would be allowed a 4"finial. Average Fence Setback. The existing code indicates a different way of defining the "average lakeshore setback line" for fences than it does for other structures. Planning Commission noted the current terminology creates confusion, and the line being defined for fences should not be called the "average lakeshore setback line". Staff agrees, and the PC recommended that the term be removed and just the method be included in the text. The result is the following recommended revision: 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and shall not exceed 42 inches in hei t for any portion located lakeward of fi�e �� ' " a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the a�ase�-a€�este�principal residence structure on the adjacent property abutting the side vard in which the fence is located. Non-standard Lakeshore Lots. A standard lakeshore lot with the house located between the street and the lake, by definition has a lakeshore yard and a rear(street) yard, but no front yard,. Staff noted there are many lakeshore lots oriented with a road between the house and the lakeshore- for this discussion they are termed `non-standard lakeshore lots'. These lots do functionally have a front yard and a rear yard. See PC Ezhibit E, Sketch 3. These have never been adequately addressed in the code; for fence purposes,the discussions between staff and PC have resulted in the following proposed text addition of item b.4 as follows: 15-3708 Fence Standards February 27,2015 Page 3 4. When the buildin� site of a lakeshore lot is senarated from the lakeshore by a public or private road,the following definitions will applv for fence location nurposes subject to the provisions of Section 78-1405(a)(8)a.2: When the yard on the opnosite side of the buildin� site from the lake does not abut a street such yard shall be considered as a standard rear yard. The vard between the buildin�site and the street shall be considered as a standard front,yyard. Fence Materials and Use of Temporary Fences. Staff and Planning Commission recommend the following additional text to Subsection e. Fence construction and maintenance, regarding the permanence of fence materials and the use of temporary fencing: 3. Fencin�materials shall consist of permanent a11 weather products 4. Temnorarv fencing improvements which normallv consist of materials such as snow fencin¢, silt fence, bioretention logs or other types of products normally associated with construction nroiects shall not be allowed to remain on the property followin� final insnection, or issuance of a Certificate of Occupancv for a permitted construction proiect, or protection of property during a similar project or winter conditions Such temporarv fencin�materials shall not be allowed to remain on a Qermanent basis on a azcel. Staff Recommendation A draft ordinance reflecting the above-noted recommendations of staff and Planning Commission is attached. Staff recommends adoption. COUNCIL ACTION REQUESTED Motion to adopt or amend the attached Ordinance entitled An Ordinance Amending Orono Zoning Code Section 78-1405(A)(8)Regarding Defined Fence Height,Fence Location & Temporary Fence Materials. Motion to adopt or amend the atta.ched Summary Ordinance entitled An Ordinance Amending Orono Zoning Code Section 78-1405(A)(8)Regarding Defined Fence Height,Fence Location & Temporary Fence Materials. � � Council Exhibit A EXISTING CODE SECTION-FENCES AS A NON-ENCROAC�IlVIENT Sec.78-1405(a)(8) (a) The following shall not be considered to be encroachments on yard setback requirements: (8) Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards: a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade.Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare.A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming,the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line shall not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original grade.Board rail fences within a front,street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited.No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371 e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side"means that side having no structural supports. (Code 1984, § 10.03(15); Ord.No. 211 2nd series, §§ 1-5, 11-26-2001; Ord.No. 12 3rd series, § 1, 5- 24-2004; Ord.No. 30 3rd series, § 1, 11-28-2005;Ord.No. 43 3rd series, § l,2-25-2008; Ord.No. 106 3rd series, §22, 6-10-2013) Council 3rd Draft 2/27/15 Exhibit B ORDINANCE NO._, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 78-1405(a)(8) REGARDING DEFINED FENCE HEIGHT,FENCE LOCATION, FENCE MATERIALS & TEMPORARY FENCES THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1405 of the City of Orono Zoning Code entitled "Nonencroachments"is hereby amended by adding and deleting the following language to Subsection 78-1405(a)(8) as follows: "(8) Fences erected in a11 zoning districts are considered as a nonencroachment when they conform to the�i�e�g standazds listed below. For the purposes of this section,the term fence height shall mean the measurement from the ton of any part of the fence includin� posts or other structural supnorts, lattice, ornate top design elements and so forth measured to the existin��rade below the fence,as measured perpendicular to the slope(see Drawin�Z Excention: Post finials extendin�above the ton of the fence shall not exceed 10(tenl inches in width ner finial and shall not extend above the top of the fence bv more than 10% (ten percent)of the allowed maximum fence hei�ht at that location. a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming,the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,and shall not exceed 42 inches in hei t for any portion located lakeward of ����c�e-se�i�v��,.,» .,,.+ a � • �, • �.+ �-�, + ,�re�f£eP�x-11 z�xo�s�xr�i�i�n�rnc-ccrnr '�e�age-��9�e-se�a��� 'e'�ea�a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the a�a^����principal residence structure on the adjacent propertv abutting the side vard in which the fence is located. 1 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. 4. When the buildin�site of a lakeshore lot is senarated from the lakeshore by a nublic or urivate road, the followin�definitions will apply for fence location�urposes subiect to the nrovisions of Section 78-1405(aZ8)a 2• When the yard on the opnosite side of the buildin�site from the lake does not abut a street such,yard sha11 be considered as a standard reaz yard. The vard between the buildin�site and the street sha11 be considered as a standard front,�ard. c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximum top rail height of 48 inches above original grade.Board rail fences within a front,street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required clear view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencine materials sha11 consist of permanent all weather products 4. Temnorarv fencing improvements which nortnally consist of materials such as snow fencin�, silt fence, bioretention logs or other tvnes of nroducts normal� associated with construction projects shall not be allowed to remain on the property followin�final insnection,or issuance of a Certificate of Occupanc for a permitted construction project or nrotection ofproperty durin�a similar project or winter conditions. Such temporarv fencin�materials shall not be allowed to remain on a permanent basis on a narcel." SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2015 on a vote of_ayes and_nays by the City Council of Orono, Minnesota. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 201 S. 2 SUMMARY ORDINANCE NO._,THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 78-1405(a)(8) REGARDING DEFINED FENCE HEIGHT,FENCE LOCATION, FENCE MATERIALS & TEMPORARY FENCES NOTICE IS HEREBY GIVEN that, on , 2015, Ordinance No._, Third Series, was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that,because of the lengthy nature of Ordinance No. , Third Series,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council amends Chapter 78 of the Orono City Code. T'his ordinance amends the Orono Zoning Code Sections 78- 1405(a)(8)by clarifying measurement of fence height and allowed fence locations, and by establishing standards for fence materials and temporary fences. A printed copy of the complete ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Orono, Minnesota,this day of , 2015. CITY OF ORONO BY: Lili McMillan, Mayor BY: Diane Tiegs, City Clerk Summary Ordinance published in The Laker and The Pioneer newspapers the week of , 2015. 1 .c � j o = o � W I r , � � ' � , � , .. ... �.. . ... . -.. . ._ ...,....... . 3 3 • L _ , _ 4�►�h ; �a�s " � a � � — — — � �r , I ,� , i � �' � ' � � � i � � $ Q � � � • � , � �� � � � � � ¢ � 2 . � � � � .� � � ,_ _ _ _ _ _ _ _ � � � . � Q�il� J.�s �d ls � � . . ..1..........._�- • ..._.. • � . . , . �,�, �1�� �u,,s �,� � ; r ' • i � , � � Council � Exhibit D ' Impact of Vertical Fence Height Measurement on Sloped Site i L_.f ... b� (,'x$' �, P�- 7',� , � � � 90� . ! . �� 'l�J c C � �f � � r ���� , � qoo t�J " .. T . � �� � ; ' 6��� Pi4�l1BL /' `. � � , 90� � ` � �� � Impacts-Fence Height Measured Perpendicular to Slope Figure 1 shows 6' x 8' fence panels stepped down a slope, leaving a gap between the downhill end of each panel and the ground. This orientation would not be allowed under current code nor under the `perpendicular to slope' measurement method. Figure 2 shows a stick-built fence with 6' vertical posts,matching the slope. Under the `perpendicular to slope' measurement method, this fence orientation would be allowable. Figure 3 shows a fence with 6' x 8' panels aligned with the slope, with posts set perpendicular to the slope and not vertical. Under the `perpendicular to slope' measurement method,this fence orientation would be allowable. � • Council MINUTES OF THE Exhibit E ORONO PLANNING C011�VIISSION MEETING Tuesday,February 17,2015 �t,�' 6:30 o'clock p.m. ~ O will not alter the essential aracter of the neighborhood. The undeveloped rights-o ay surrounding the�� property create a practical ' culty for the property owner regarding the increas setback requirement. � The proposed home does not pear to limit the light,air,and open space curre y enjoyed by the adjacent properties. Planning Staff recommends appro 1 of the lot area,lot width, side stree etback and front yard setback variances resulting in a 16.2 foot set ck from the undeveloped right- -way Barrett Avenue;a 28.4 foot setback from the undeveloped alley to e east; and a 26.5 foot setb k from Fox Street in the front. The applicant will continue to work with the ity's Engineer regardi the driveway access orientation and the potential need for an encroachment a ement. The applic t shall reduce the structural coverage level prior to placement on the City Counci genda. Paul Cameron,Applicant,had nothing to add to taf� eport. Chair Leskinen opened the public hearing at 6:39 . J.Diann Goetten,1385 Fox Street, stated she ' here to ' t to see what is going to occur on this properiy. Goetten stated the area is currently an uni proved rigtxt- -way and that she would like to know what is going to happen with that area. Goette noted there are ve few properties in this area. Chair Leskinen closed the public aring at 6:41 p.m. Leskinen stated the applica ' n appears to be very straight forward. Leskinen stated she is happy the applicant was able to a ' additional property to the extent they c ld to help make the lot a little bigger. Schwingler noted oint No.4 says the existing home has reached the end o 'ts useful life. Schwingler stated he woul ncourage the applicant to continue to work at reducing the percent structural coverage. Schwin er moved,Landgraver seconded,to recommend approval of Applicati No. 15-3717, Cha erlain Capita1,1340 Foz Street,granting of front and side street setback v 'ances as well as lot ea and lot width variances,to allow construction of a new residence,subject to taff's mmendations.VOTE: Ayes 5,Nays 0. 3. #15-3708 AMEND SECTION 78-1405(a)(8)REGARDING FENCE STANDARDS,6:43 P.M.—7:35 P.M. . Gaffron stated the proposed amendment is intended to clarify how fence height is measured,to establish standards for the use of temporary fences,and to clarify the language regarding the average lakeshore setback applicable to fence construction. The Planning Commission reviewed this item at its January work session and then held a public hearing at its January 20 meeting with no public comments forthcoming. The item was tabled upon Staff recommendation as it was determined that the draft ordinance was incomplete and there were specific changes requested by the Planning Commission. Page 2 of 11 NIINUTES OF TI� ORONO PLANNING COMIVIISSION MEETING Tuesday,February 17,2015 , , 6:30 o'clock p.m. O Gaffron stated one of the pmposed revisions is to add a sentence to clarify how fence hei t is meas � The existing code says that a fence can be no more than six feet in hei t in s ecified locati ured. �� 1� P ons. Gaffron � noted this last summer a question came up as to how that 6-foot height is measured,and it was noted that on a sloped parcel, a fence if oriented horizontally and vertically and if a standard 6' x 8' fence panel is used,at one end it will be six feet above grade and at the other end it could be as much as seven or eight feet above grade. Gaf�'ron noted there are some options in constructing a fence, such as skewing the panels into a parallelogram shape if possible to match the slope or setting the panels at an angle matching the slope. Gaffron noted not all panels available commercially can be skewed,and the visual aspect of panels with an angled or non-vertical orientation may be less aesthetically pleasing. Gaffron stated the issue then becomes how to measure the height. T'he proposed draft language is that for the purposes of this section the term fence height shall mean the measurement from the top of any part of the fence,including posts or other structural supports, lattice,ornate top design elements,post fmials,and so forth measured vertically to the existing grade directly below the fence. Referring to sketches contained in the packet, Sketches 2 and 3 would work but Sketch 1 would not under that scenario. The Planning Commission should also consider whether excess height should be allowed for decorative fence elements. An issue to discuss is whether the decorative finials atop each post should be considered as part of the fence for height measurement. If a decorative fence element is added,then the functional fence height would potentially decrease. One option is to include language that says"no more than 10% of the length of a fence panel may exceed the established fence height limit,and by not more than 10%of the allowed maximum heighY'. For a 6-foot fence,this would be a 10-inch wide finial element for each 8- foot panel that could be as much as 7 inches taller than the fence. Gaffron stated the phrase fence panel is necessary to prevent someone from interpreting this to mean a continuous 10-foot length of a 100-foot fence can be 6' 7"high,which is not what is intended. The third issue the Planning Commission should consider is language clarifying how fence heights are limited on non-standazd lakeshore lots. The language originally drafted for the amendment regarding the standards for fences on lakeshore lots created a conflict in the language between Items b.l and b.2. Item b.l addresses the frontage along a street or side street and states that"Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. An exception to that is a fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. If such fence involves fill or berming,the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. Item b.2 addresses side yards and was initially proposed to include rear yards of a lakeshore lot. Staff would suggest that this revision not be made since it conflicts with b.1. Item b3 addresses the lakeshore yard of lakeshore lots and is not proposed to be changed. The language currently reads as follows: "Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot,shall not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes,or 150 feet for natural environment lakes. Page 3 of 11 NIINUTES OF THE ORONO PLANNING COMIVIISSION MEETING Tuesday,Febrnary 17,2015 O 6:30 o'clock p.m. � Gaffron noted there are lakeshore lots oriented with a road � �� between the house and the lakeshore. This ��'� orientation is common in certain areas of the City where the road historically followed the shoreline and � lots were later created that extended through the road to the lake,with the house site located landward of the road. 1'hese lots do have a yard behind the house that could be considered a rear yard. Since these types of lots have never been addressed in the Code, Staff would suggest adding Item b.4,which states as follows: "When the building site of a lakeshore lot is separated from the lakeshore by a public or private road,and the yard on the opposite side of the building side from the lake does not abut a street,such yard shall be considered as a standard rear yard and subject to the fence provisions of Section 78- 1405(a)(8)a.2. Gaffron stated part of the discussion at the January work session was to further clarify that the average lakeshore setback line pertinent to fences is different than the average lalceshore setback line as it applies elsewhere in the code. Staff would recommend the following revision be made to the second sentence of Item b.2: "Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,and any portion located lakeward of the fence average lakeshore setback line shall not exceed 42 inches in height. T'he term"fence average lakeshore setback line"for purposes of Section 1405(ax8)means a line drawn between the most lakewazd projection of the fence owner's principal residence structure and the most lakeward projection of the principal residence structure on the property abutting the side yazd in which the fence is located." A final item of discussion is whether to add language regarding fence materials and use of temporary fences. The draft ordinance reviewed in January was intended to include the addition of Item e.3 regarding fence materials and temporary fencing. Item e.l states: "The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. Item e.2 states: "Fences shall be installed with the finished side facing neighboring properties or the street. The term"finished side"means that side having no structural supports. Item e.3 states: "Fencing materials shall consist of permanent all-weather products. Temporary fencing improvements which normally consist of materials such as snow fencing, silt fence, bioretention logs or other types of products normally associated with construction projects shall not be allowed to remain on the property following final inspection, or issuance of a Certificate of Occupancy for a permitted construction project,or protection of property during a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a pazcel." Gaffron stated for a lakeshore lot,a person is allowed a 42-inch fence along a side street and a 6-foot fence along a county road but not up the side lot lines. From the beginning of the street yard and along the side yards down to the average fence lakeshore setback, a 6-foot fence would be allowed. From that point on down to the 75-foot zone a 42-inch fence would be allowed. Staff recommends approval of the proposed revisions. The Planning Commission should consider whether inclusion of the optional text regarding extra height to allow for decorative elements is appropriate. Page 4 of 11 D�IIN[JTES OF THE ORONO PLANNING COMNIISSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. , ., \�: Chair Leskinen opened the public hearing at 6:55 p.m. � �� There were no public comments regazding this item. � Chair Leskinen closed the public hearing at 6:55 p.m. Thiesse stated as it relates to the height of decorative elements,he would like it to be 12 percent for the posts only. Thiesse stated the post could e�ctend higher than the fence by 12 percent or some number the Planning Commission is comfortable with. Thiesse asked if that would help clarify it. Gaf&on stated if there is a width standard for the post,that would likely work. Gaffron stated someone could decide to have a 100-foot long fence,and if they are allowed 10 percent of that fence to be higher, it should be clear that it relates only to the posts and not ten feet of that 100-foot length of fence. Gaffron stated in his view people will attempt to reinterpret it from what the Planning Commission's intent is. Landgraver stated it is not only the height but also the width of it. Thiesse noted it says no more than 10 percent of the length of a fence panel may exceed the established height limit. Gaffron stated if it is eight feet long, it can be 10 percent higher than that or 9.6 inches can be up above. Thiesse stated he is saying just the post. Gaffron stated someone could conceivably put a post every two feet to get around that. Leskinen stated any ornate element or finials between the posts would have to be at the 6-foot maximum height. Gaffron stated on a wrought iron fence,you would have to look at the top of the spikes as the six feet. Gaffron asked if the optional language should be included for the decorative fence elements. Schwingler stated he would leave it as it is. Landgraver noted the suggestion by Thiesse was that the finial could not exceed the width of the post. Thiesse stated it could exceed it. Gaffron stated if the panel is 8-foot or 96 inches,they would be allowed 10 percent of that for each 8-foot section. Gaffron indicated it goes to the aesthetics of the fence and that there could be a situation where someone wants a decorative fence. Gaffron stated in his view the language,as written,provides a good protection against people doing exotic things that are out of whack with what the City's goals are. Landgraver asked if it is inconceivable for someone to have a 20-foot wide panel. Thiesse indicated it is not inconceivable. Page 5 of ii � MIlVUTES OF TI� ORONO PLANNING COMMISSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. %��' �J Landgraver asked if there should be a cap placed on the length of the panel or the size of the fmial. � Gaffron stated the width of the finial is based on the panel width. �� � Lemke asked if it should be based on the post width. Curtis asked what the largest post is that could be used. Thiesse stated it could be 24 inches. Landgraver stated a maximum number might be a better way to go. Leskinen asked if it should be 10 percent of an 8-foot wide panel. Gaffron suggested a maximum finial width of ten inches. Lemke asked if it could be ten inches high as well. Gaffron indicated 10 percent of a 6-foot high fence is about seven inches. Gaffron stated the last thing the City needs to be doing is designing someone's fence, but that they should put some standards on it. Leskinen stated she does not want to micromanage the fence design since it will be difficult to enforce. It was the consensus of the Planning Commission to not exceed 10 percent in height of the post for the finial,with a maximum width of 10 inches. Thiesse stated as it relates to Item No. 4,he would recommend that it read as follows: "Fences within the required side yard of a lakeshore lot shall not exceed six feet in height,and any portion located lakeward of a line drawn between the most lakeward projection of the fence,etc." Thiesse stated in his view the use of the term fence average lakeshore setback line will be confusing for the average property owner since the City has another average lakeshore setback line. Thiesse stated as it relates to Item 5,the City issues certificates of occupancy prior to the establishment of turf. Curtis indicated it would be a temporary certificate of occupancy and not a final. Lemke asked if there is a minimum fence height. Gaffron stated the City does not have a minimum fence height. Lemke asked if anything six inches and over would be considered a fence. Thiesse noted bioretention logs are included under fence materials. Gaf&on stated Item No. 5 is talking about permanent fences with the exception of e.3. Page 6 of 11 MINUTES OF THE � � ORONO PLANNING COMIVIISSION MEETING , Tuesday,February 17,2015 6:30 o'clock p.m. ��� Leskinen stated she is in agreement with Staff on Item b.2 and not include it since it conflicts with b.l. � Leskinen indicated she is comfortable with the proposed amendments with the revisions made this �� evening. � Landgraver asked where the Planning Commission is with the fence height. Landgraver asked if it is Staff's suggestion that the height is determined by measuring the top of the fence from the ground. Gaffron stated Sketch 3 would not work since the fence would be at seven feet when the fence is at an angle. Gaffron stated Staff would need to measure the fence at a very vertical point and not at an angle. Gaffron noted someone could argue that a 6-foot panel touching the ground its entire length should still be considered a 6-foot high fence, but from some perspectives it will be higher than six feet from the ground. Thiesse stated to him that means he cannot buy the standard,off the shelf 6-foot chain link fence sections, and that the Planning Commission should not go that direction. Gaf�'ron stated it almost forces someone to build the fence on the site and not purchase a prefabbed fence. Gaffron noted last summer the City had an issue where someone constructed a fence as depicted in Sketch 1 and technically the fence measured higher than suc feet from the ground. Thiesse stated it depends on where someone is measuring from. Thiesse stated the axis of the fence is perpendicular to the ground, and if you measure a standard fence,the post will be six feet high,with the panels in between,which would be Sketch 3. Thiese stated in his view it could be argued that Sketch 3 is a 6-foot high fence. Gai�'ron asked if it should read six feet perpendicular to the grade of the slope. Gaf�'ron stated it would not allow Sketch 1 but it would allow Sketch 3. Thiesse stated a six-foot panel is standard but that chain link fences come in dif�'erent widths. Leskinen asked how many fence complaints the City typically receives. Gaf�ron stated the issue is height and that people will sometimes erect a 6-foot high fence when they are only allowed 42 inches. Leskinen stated the City needs to provide some direction in the ordinance and that it comes down to how detailed it needs to be if it is not a dominant issue. Gaffron stated the ordinance needs to spell out the standards clearly for enforcement purposes. Thiesse asked what the worst case scenario would be with Sketch 1. Landgraver stated in his view Sketch 1 kind of defeats the purpose of having a fence and that it is the uneven slope that will challenge the ordinance. Landgraver stated in his view Sketch 2 or 3 is reasonable and that it should be 6-foot perpendicular to the ground. Thiesse stated he is leaning more towards Drawing 3. Page 7 of li � ' 1VIINUTE5 OF THE ORONO PLANNING COMIVIISSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. ' '�:� Lemke stated he likes the term perpendicular. � �� Gaffron indicated under that scenario Sketches 2 and 3 could occur. Gaffron stated instead of saying � from the top of any part of the fence, it should perhaps read to a point perpendicular to the grade. Gaffron indicated he will look at that again. Lemke noted the last paragraph says height shall mean the measurement from the top of any part of the fence,including the posts and the ornate top designs. Lemke noted the Planning Commission was talking about the fmials being above the height of the fence earlier. Gaffron stated that will also need to be tweaked so it fits with the optional language changes. Gaffron stated as it relates to lattice, someone could argue that the top of the fence is below the lattice and is merely decorative. Gaffron stated in his view it is part of the fence. Leskinen asked if that is addressed in the optional language by the 10-inch maarimum width. Gaffron indicated it would be. Gaffron asked if he should cross off from the top of any part of the fence, including vertical structural supports,such as lattice or any top design elements,and just say measure perpendicular to the grade. Gaffron stated below that it could talk about finials,with a limit being placed on the type of stuff that can go on top of the fence. Thiesse asked what the top of the fence would be then. Thiesse stated it should be consistent and horizontal. Gaffron stated it might not be horizontal. Thiesse stated they would then need a definition for top of the fence. Gaf&on stated he would concur. Leskinen stated the top of the fence is six foot above the bottom of the fence and in between the posts it may or may not be taller than the fence. Gaffron stated he would include the language regarding vertical structural supports and ornate design elements,whatever that might be,and then including the language that allows the finials to extend another ten percent of the height. Gaffron stated he is not totally comfortable about removing the language that talks about the other items since they would still be considered part of the fence. Leskinen stated they would make up the top part of the fence. Thiesse indicated he is in agreement. Leskinen stated in her view the language regarding fence materials is pretty straight forward. Gaffron stated as it relates to Item 5,the permanent materials should be separated from the temporary materials,which should start at Item 4. Leskinen stated it is less confusing that way. Page 8 of il MINUTES OF THE ORONO PLANNING CONA�SSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. ��.,;� , � T'hiesse asked what would happen if a new development is graded and silt fencing is erected but the lots �� do not sell for six to seven years. � Curtis stated the City would still have an escrow at that point. Thiesse noted turf would need to be established under the language. Curtis stated it would not necessarily need to be turf as long as it is stabilized with some type of vegetation to the point where there will not be a sediment or erosion issue. Thiesse stated he is questioning it because the City is making the homeowner do it but not the developer. Lemke asked if he is questioning the time frame for the temporary fencing. Thiesse stated as soon as a certificate of occupancy is issued,the temporary fencing would need to be removed,but part of the City's laws regarding fences is also designed to make the City look nice and that if a developer is not able to sell the lots,the temporary fencing may remain for years. Leskinen asked if the developer will be required to establish some type of vegetation. Gaffron stated to his understanding the developer has a year. Landgraver stated there should be some type of trigger to the City alerting them to the fact that the temporary fencing has remained for so long. Landgraver stated in his view there should perhaps be some type of time limit for the temporary fencing,but that he is not sure it should be included in this section of the Code. Leskinen stated Item No. 5 could be included relating just to the developer. Curtis stated if the soil is not worked on,typically after a 14-day period some form of vegetation starts to grow. Thiesse stated his concern is that they will have to rip it out and then put it back in after they are done working on the house. Curtis stated one of the reasons for the temporary fencing regulations is to prevent someone from installing a snow fence and leaving it there indefinitely. Gaffron stated Chapter 79 of the Code talks about site erosion control, and there is an inspection and maintenance section that says the best management practices have to be inspected once every seven days on exposed soil azeas,within 24 hours after a rain,etc. Gaf�'ron stated the language reads that fmal approval cannot be given until all work, including installation of all drainage facilities and protective devices,have been completed and final stabilization has occurred. Gaffron stated the City does have a control that says the temporary fencing must be removed in Chapter 79. Page 9 of 11 � � MINUTES OF THE ORONO PLANNING COMMISSION MEETING Tuesday,February 17,2015 6:30 o'clock p.m. ' '�: Thiesse suggested that type of language not be included in this ordinance. �� Gaffron indicated he will make the changes discussed by the Planning Commission and bring it to the � City Council. Leskinen moved,Schwingler seconded,to recommend approval of Application No. 15-3708,City of Orono,Zoning Code Amendment,Section 7&1405(a)(8)—Fences as a Nonencroachment,with Staff incorporating the proposed revisions discussed tonight. VOTE: Ayes 5,Nays 0. PLANNING COMII�SSION COMMENTS 4• REPORT FROM PLANNING COMIVIISSION REPRE$ENATIVES ON CITY COUNCIL MEETINGS SCAEDULED FOR JANUARY 26,2015,AND FEBRUARY 9,2015 Landgraver stated he attended the January 26 City Council meeting and that there were no planning items on the agenda. Landgraver stated the zoning code amendment for retaining walls was tabled. Lemke stated he attended the February 9,2015,City Council meeting and that the Schmid application was approved,the wellhead protection ordinance was passed,and the stormwater drainage trunk fee was discussed. The City Council also talked about different banners and flags or plants for the light poles in Navarre. The City Council elected to go with the banners. Lemke stated the City Council also talked about videotaping the Planning Commission meetings. Lemke stated one of the council members had indicated that it is nice to be able to see the passion displayed by the Commissioners when discussing certain applications. 5. OTHER ISSUES FOR DISCUSSION Leskinen noted she did receive an e-mail from the Mayor today about possibly videotaping the Planning Commission meetings and requesting that she obtain feedback from the Planning Commissioners. Leskinen indicated she is neutral on it. Landgraver stated in his view it is not a good use of time and resources. Thiesse stated he would agree with Commissioner Landgraver and that few people will watch it. Lemke stated he can see it both ways. Lemke stated he personally would not watch it but that someone else might want to. Leskinen reported after the last meeting she received a call from Lisa Danielson from Windergy who had expressed a desire to meet with her. Leskinen indicated she was unable to meet in person but that Danielson had indicated to her that she was very disappointed in the way she had handled the meeting and that in her view not enough time was allowed for discussion. Leskinen indicated she listened politely to what Danielson said to her and informed her that she would take her comments back to the Planning Commission. Leskinen stated from her perspective, she was very comfortable with the ordinance and felt it had been fully discussed through a number of work sessions and meetings. Leskinen stated in her view unless and Page 10 of 11 • � Council Exhibit F Date Application Received:NA Date Application Considered as Complete: NA Initia160-Day Review Period Expires: NA To: Chair Leskinen and Planning Commission Members Jessica Loftus, City Administrator From: Michael P. Gaffron, Senior Planner Date: February 12, 2015 Subject: #15-3708 City of Orono -Zoning Code Amendment - Section 78-1405(a)(8) - Fences as a Nonencroachment ■ Continuation of Public Hearing ------------------------------------------------------------------------------------ List of Ezhibits A-Revised Draft Ordinance& Summary Ordinance B - Staff Memo and Attachments 1/20/15 C - Draft PC Minutes 1/20/15 D- Yard Definitions E - Sketches Application Summary: The proposed amendment is intended to clarify how fence height is measured, and to establish standards for the use of temporary fences. Additionally, the average lakeshore setback applicable to fence construction is clarified. This item was reviewed at the Planning Commission work session in early January and a public hearing was held at the January 20 PC meeting with no public comments forthcoming. The item was tabled upon staff recommendation as it was determined that the draft ordinance was incomplete and there were specific changes requested by the Planning Commission. The proposed revisions in a nutshell are as follows: 1) Add a sentence to clarify how fence height is measured; 2) Consider allowing excess height for decorative fence elements; 3) Clarify how fence heights are limited on non-standard lakeshore lots; and 4) Clarify the definition of`average lakeshore setback' as it pertains just to fences; 5) Add language regarding fence materials and use of temporary fences. Discussion 1) Add a sentence to clarify how fence height is measured. This became an issue due to a fence complaint last summer. The original intent of the ordinance amendment was to clarify that measured vertically from any point on the existing grade below the fence,no part of the fence can exceed the established fence height limit. On a steep slope, this means that rectangular fence panels (say 6' high by 8' long where a 6' fence is allowed) could not individually be placed horizontally and stepped down the slope, as at the downslope end the top of each panel would be higher than 6' unless the upslope end was set below grade. Practical solutions might be to skew the panels into a parallelogram shape if possible to match the slope, or set the panels at an angle matching 15-3708 Fence Standards February 12,2015 Page 2 the slope. Not all panels available commercially can be skewed, and the visual aspect of panels with an angled or non-vertical orientation may be less aesthetically pleasing. See Sketch 1. The initial draft of text to be added to the 78-1405(a)(8)preamble read as follows: "For the purposes of this section,the term fence hei�ht sha11 mean the measurement from the top of any part of the fence, including vertical structural supports, lattice, ornate top desi�n elements and so forth to a vertical point directly below the top of an existin��rade on the property." This language is somewhat confusing. Staff would suggest it be revised to read as follows: "For the purposes of this section,the term fence height sha11 mean the measurement from the top of anv part of the fence including posts or other StrtlCtUi� SuppOTtS, lattice, ornate top desi�n elements,post finials and so forth measured vertically to the existin�grade directly below the fence." 2) Consider allowing excess height for decorative fence elements.An additional fence element not discussed at length is whether the decorative finials atop each post should be considered as part of the fence for height measurement. If so,then the functional fence height would potentially decrease. See Sketch 2. To avoid this, one might consider adding language to the code such as "no more than 10%(ten percent)of the length of a fence panel may exceed the established fence height limit, and by not more than 10%(ten percent)of the allowed maximum height". For a 6' fence, this would be a 10"wide finial element for each 8-foot panel that could be as much as 7"taller than the fence. If we don't say `fence panel' then someone will interpret this to mean a continuous 10-foot length of a 100-foot fence can be 6'-7"high, which is not what we intend. Optional addition: "No more than 10% (ten percent)of the length of a fence panel mav exceed the established fence height limit, and bv not more than 10% (ten percent)of the allowed maximum hei t". Planning Commission is asked to consider the ramifications of this draft language and provide staff with a recommendation. 3) Clarify how fence heights are limited on non-standard lakeshore lots. The language originally drafted for this amendment regarding the standards for fences on lakeshore lots, created a conflict in the language between items b.l and b.2. Part of this is the drafter's misunderstanding of the code-defined yards for a lakeshore lot(see Ezhibit D). A typical lakeshore lot has these yards: - a required lakeshore yard (typically 75' in depth for General Development lakes) that extends from side lot line to side lot line; - a yard opposite the lakeshore yard and typically abutting a public or private street, defined as the required street or rear yard. A typical lakeshore lot does not, by definition, have a front yard; 15-3708 Fence Standards February 12,2015 Page 3 - a required side yard extending along the side lot lines between the lakeshore yard and the street or rear yard; - in certain situations abutting a `fire lane', for instance, a required side street yard. Item b.l addresses the frontage along a street or side street, and states: 1. Fences within the required street(rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming,the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. Item b.2 addresses side yards and was initially proposed to be changed to read: 2. Fences within the required side yard,or rear vard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line sha11 not exceed 42 inches in height. The term "average lakeshore setback line" means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. Staff would suggest that this revision not be made as it con,flicts with b.l. Item b.3 addresses the lakeshore yard of lakeshore lots and is not proposed to be changed. It reads as follows: 3. Fences shall not be constructed within the defined lakeshore yard of a lakeshore lot, i.e., sha11 not be located within 75 feet of the shoreline for general development lakes, 100 feet for recreational lakes, or 150 feet for natural environment lakes. There are lakeshore lots oriented with a road between the house and the lakeshore. This orientation is common in areas of the City where the road historically followed the shoreline and lots were later created that extended through the road to the lake, with the house site located landward of the road. These lots do have a yazd behind the house that could be considered as a rear yard. See Sketch 3. These have never been adequately addressed in the code; for fence purposes, staff is suggesting adding item b.4 as follows: 4. When the building site of a lakeshore lot is senarated from the lakeshore bv a public or nrivate road and the vard on the opnosite side of the of the ^ buildin� site from the lake does not abut a street suchyard shall be considered as a standard rear vazd and subject to the fence provisions of Section 78-1405(a�8)a.2. 15-3708 Fence Standards February 12,2015 Page 4 4) Clarify the definition of`average lakeshore setback' as it pertains just to fences . Part of the discussion at the January PC meeting was to further clarify that the"average lakeshore setback line"pertinent to fences is different than the"average lakeshore setback line" as it applies elsewhere in the code. See SketcL 4. The following revision of the second sentence of item b.2 is proposed to make this clarification: 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the fence average lakeshore setback line shall not exceed 42 inches in height. The term "fence average lakeshore setback line" for purposes of Section 1405(a)(8)means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the ac�.se� �n���principal residence structure on the propertv abutting the side vard in which the fence is located. 5) Add language regarding fence materials and use of temporary fences. The draft ordinance reviewed in January was intended to include the addition of item e.3 to 78- 1405(a)(8)regarding fence materials and temporary fencing: e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side"means that side having no structural supports. 3. Fencin�materials shall consist of permanent all weather products Temporaty fencin�improvements which normally consist of materials such as snow fencin�, silt fence, bioretention lo�s or other types of products normallv associated with construction projects shall not be allowed to remain on the propertv followin�final inspection, or issuance of a Certificate of Occupancy for a nermitted construction project or protection of nropertv durin�a similar proiect or winter conditions. Such temporary fencin�materials shall not be allowed to remain on a nermanent basis on a arcel This text has now been added to the draft resolution. Staff Recommendation Staffrecommends approval ofthe proposed revisions to Section 78-1405(a)(8) as described above, and as shown on the attached draft Ordinance. Planning Commission should consider whether inclusion of the optional text regarding extra height to allow for decorative elements is appropriate. PC ExhibitA ORDINANCE NO._, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 78-1405(a)(8)REGARDING DEFINED FENCE HEIGHT, FENCE LOCATION & TEMPORARY FENCE MATERIALS THE CITY COUNCIL OF ORONO ORDAINS: SECTION 1. Section 78-1405 of the City of Orono Zoning Code entitled "Nonencroachments" is hereby amended by adding and deleting the following language to Subsection 78-1405(a)(8) as follows: "(8)Fences erected in all zoning districts are considered as a nonencroachment when they conform to the�r�standards listed below. For the purposes of this section,the term fence hei�ht shall mean the measurement from the top of anv part of the fence includin� posts or other structural sunports, lattice ornate ton desi�n elements post finials and so forth measured vertically to the existin�grade directly below the fence Optional:�To more 10°/ er ent of the en of a ence ' hed fen e ei t lixnit,and bv not more than 10%tten percent)of the allowed.maximum l�iuh# a. Nonlakeshore lots. 1. Fences and walls within a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street(rear)yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfare. A major thoroughfare for purposes of this section means any county road or state highway. If such fence involves fill or berming,the total combined height of both fence and fill shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the fence average lakeshore setback line shall not exceed 42 inches in height. The term "fence average lakeshore setback line" for purposes of Section 1405(a)(8) means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the ac�.s�������principal residence structure on the nronertv abuttin�the side vard in which the fence is located. 1 c. Special provisions. Split rail fences of no more than three rails within a required front, street or side street yard may have a maximuxn top rail height of 48 inches above original grade.Board rail fences within a front,street or side street yard for the specific purpose of enclosing permitted domestic animals may have a top rail height of 60 inches and shall be no more than 50 percent opaque. d. Intersection sightline obstruction prohibited. No fence shall be installed so as to obstruct a required cleaz view at street intersections as required by section 78-1371. e. Fence construction and maintenance. 1. The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition. 2. Fences sha11 be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. 3. Fencin�materials shall consist of nermanent a11 weather nroducts Temporarv_ fencin�imnrovements which normally consist of materials such as snow fencin� silt fence, bioretention lo�s or other types of products normally associated with construction nroiects shall not be allowed to remain on the propertv followin final insnection,or issuance of a CO for a nernutted constructionproject or nrotection of propertv durin�a similar project or winter conditions. Such temporary fencing materials shall not be allowed to remain on a permanent basis on a azcel SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. ADOPTED this day of ,2015 on a vote of_ayes and_nays by the City Council of Orono, Minnesota. ATTEST: Diane Tiegs, City Clerk Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 201 S. 2 SUMMARY ORDINANCE NO._, THIRD SERIES CITY OF ORONO HENNEPIN COUNTY,MINNESOTA AN ORDINANCE AMENDING ORONO ZONING CODE SECTION 78-1405(a)(8)REGARDING DEFINED FENCE HEIGHT,FENCE LOCATION & TEMPORARY FENCE MATERIALS NOTICE IS HEREBY GIVEN that, on , 2015, Ordinance No._, Third Series, was adopted by the City Council of the City of Orono, Minnesota. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. , Third Series,the following summary of the ordinance has been prepared for publication. NOTICE IS FURTHER GIVEN that the ordinance adopted by the Council amends Chapter 78 of the Orono City Code. This ordinance amends the Orono Zoning Code Sections 78- 1405(a)(8)by clarifying measurement of fence height and allowed fence locations, and byestablishing standazds for temporary fences. A printed copy of the complete ordinance is available for inspection by any person during the City's regular office hours. APPROVED for publication by the City Council of the City of Orono, Minnesota, this day of , 2015. CITY OF ORONO BY: Lili McMillan,Mayor BY: Diane Tiegs, City Clerk Summary Ordinance published in The Laker and The Pioneer newspapers the week of , 201 S. 1 uem nvi-ri,�vgenuu-wiivi�w� F�le#I 5-3708(7'ntal Pave.c 37 �� ci�r oF oRONo PC Exhibit6 PLANNING CASE: 15-3708 MEETING DATE: January 2Q, 2015 APPLICANT: City of Orono 60-DAY RULE DATE: Na PROCEEDfNG: Zoning Ordinance Text EXHIBITS: A. D�aft Ordinance Amendment PREPARED BY: Andrew Mack, AICP PLANNING REPORT I SUMMARY OF REQUESTS—CLARIFYING THE DEFINED FENCE HEtGHT� RETRICTIONS ON TEMPORARY FENCE MATERIALS 11 BACKGROUND—This change clarifies the applied definition ofi maximum fence height for riparian shoreland lots and establishes minimum material permanence criteria. The PC supported the height clarification and minimum standards regarding maximum duration for temporary materials. There was also a new subject raised about whether or not some standards should be developed for landscaping barriers, such as a densely planted row of junipers or arborvitae, particularly on lake shore lots where they can a do create a visual obstruction toward the take. This subject will be added to the master rank priority list for code changes and considered at a future point in time. lil RECOMMENDATION—Staff recommends approval of the zoning text amendment. Page 1 of 1 item»vi-ri,r�genuu-wi�vi�vi� Fele#I 5-3708[Tota!Pages 3J PC Exhibit A ORDINANCE NO._, THIRD SERIES ��, CITY OF ORONO � 1" HENNEPIN COUNTY MINNESOTA n1� � � � � l v� AN ORDINANCE AMENDING THE ZONING ORDINANCE CLARIFYING THE DEFINED FENCE I�EIGHT& RETRICTIONS ON TEMPORARY FENCE MATERIALS THE CITY COUNCIL OF ORONO ORDAINS: 5ECTION 1. Section 78-1405(a)Nonencroachments of the City of Orono Zoning Ordinance is hereby amended to read as follows: (a)The foilowing shall not be considered to be encroachments on yard setback reyuirements: {8)Fences erected in all zoning districts are considered as a nonencroachment when they conform to the following standards. For the nurposes of this secrion,the term fence height shall mean the measurement from the top of an�part of the fence, including vertical structural supports, lattice,ornate top desi�n elements and so forth to a vertical point directly below the top of an existin�grade on the property. a. Nonlakeshore lots. 1. Fences and walls withixi a required front yard or side street yard shall not exceed a height of 42 inches above original grade. 2. Fences and walls within a required rear or side yard shall not exceed a height of six feet above original grade. b. Lakeshore lots. 1. Fences within the required street(rear) yard or side street yard of a lakeshore lot shall not exceed 42 inches above original grade. Exception: A fence not exceeding six feet in height may be located along the street lot line of a lake frontage lot which abuts a major thoroughfaze. A major thoroughfaze for purposes of this section means any county road or state highway. If such fence involves fill or berming,the total combined height of both fence and fili shall not exceed six feet above the height of the crown of the major thoroughfare. 2. Fences within the required side yard,or rear yard of a lakeshore lot shall not exceed six feet in height, and any portion located lakeward of the average lakeshore setback line sha11 not exceed 42 inches in height. The term"average lakeshore setback line"means a line drawn between the most lakeward projection of the fence owner's principal residence structure and the most lakeward projection of the adjacent affected principal residence structure. SECTION 2. EFFECTIVE DATE: This ordinance shall take effect immediately upon its passage and publication. � ttem rrvi-��,,vgenuu-v�isvi�v�� File#I 5-3708[Total Pages 3J ADOPTED this day of ,2015 on a vote of_ayes and`nays by the City Council of Orono,Minnesota. ATTEST: Jessica Loftus, City Administrator Lili Tod McMillan, Mayor Ordinance published in The Laker and The Pioneer newspapers the week of , 201 S. z ' MINUTES OF THE ORONO PLANNING CONIlVIISSION MEETING PC Exhibit C Tuesday,January 20,2015 6:30 o'clock p.m. � •:�,� o.�►+. Leskinen note fence or trees would not impact the drainage as much as a retaining w . � �� ��` `► O � Thiesse stated if yo e looking at a lakeshore lot that is 45 feet in width,this ch e would require theu� to go five feet in from e property line which would leave them with a 30-foot t. T'hiesse stated it �� essentially is usable pro rty for the neighbor but not for you. � Schoenzeit stated there migh also be a drainage problem that needs co ction and the property owner is not allowed to correct it. McGrann stated the property owne 's allowed to correct it but at they have to comply with certain regulations. Schoenzeit stated in his view some height ould be owed. McGrann stated there are remedies for prope wners who want to encroach within that five feet. Leskinen stated many people have come ' and have quested the Council waive the fee. Leskinen concurred that there aze a number of r edies that are a ilable. Curtis noted City Code already vents grading within five t of the lot line. Landgraver stated at this int he would like to call for a vote. Chair Leskinen op ed the public hearing at 8:21 p.m. There were no lic comments regarding this application. Chair Les ' en closed the public hearing at 8:21 p.m. Mc nn moved,Lemke seconded,to recommend approval of Application No. 1 707,Amend S 'on 78-1405(A)(�to clari retainin wall and landscape structure setbacks. V : Ayes 5, � opposed. 7. #15-3708 AMEND SECTION 78-1405(A)(8)TO CLARIFY THE DEFINED FENCE HEIGHT AND RESTRICT TEMPORARY FENCE MATERIALS,g;22 p,M.—8:27 P.M. Gaffron stated this change is supposed to clarify the applied definition of maximum fence height for riparian shoreland lots and establishes minimum material permanence criteria. Gaf&on stated there was also a question raised at the work session about whether or not some standards should be developed for landscaping barriers, such as a densely planted row of junipers or azborvitae,particularly on lakeshore lots where they can or do create a visual obstruction toward the lalce. Gaffron stated that subject will be added to the master rank priority list for code changes and considered at a future point in time. Gaffron noted the draft ordinance inadvertently does not address the temporary materials item and that there is a conflict with the language regarding lakeshore lots in Items B 1 and B2. Gaf�'ron indicated he would prefer the application be tabled to allow Staf�'to correct that. Page 18 of 21 A�IINUTES OF THE r ORONO PLANNIIVG CpMr�IISSION MEETING Tuesday,January 20,2015 6:30 o'clock p.m. � , ; �� Landgraver stated the language has average setback line as defined by the most lakeward projection o fence owner's principal residence and the most lakeward projection of the adjacent affected principal � residence structure. I,andgraver asked if there should be two lines. �� Gaffron noted the City changed this piece of code years ago because the impact of a fence affects the owner of the fence on the one side and the neighbor on the other side but not the other adjoining neighbor. The City elected to define it using the property of the owner of the fence as opposed to using a line that is established by properties on either side of the fence owner. Gaffron stated there is a different average lakeshore setback line for a fence than it is for anything else. Gaffron stated he would recommend this application be tabled. Chair Leskinen opened the public hearing at 8:26 p.m. There were no public comments regarding this application. Chair Leskinen closed the public hearing at 8:26 p.m. Leskinen asked whether different language can be put in there with regard to the average lakeshore setback line. Gaffron indicated he can insert language to distinguish it from the general average lakeshore setback line, such as a fence average lakeshore setback line. McGrann moved,Landgraver seconded,to table Application No. 15-3708,Amend Section 78- 1405(a)(8)to clarify the defined fence height and restrict temporary fence materials. VOTE: Ayes 6,Nays 0. 8. #15-3709 ND SECTION 78-1001(6)TO ADD NAVARRE A TO PUD MII�D USE PROVI NS,8:27 P.M.—8:29 P.M. Gaf�'ron stated in the 1990s or te 1980s,the City created a PUD p ss and had it apply only to the Highway 12 corridor azea but no ply to the Navarre area. G on stated this change adds the Navarre Area to the eligibility for mixed use standards similar t at allowed for the Wayzata Boulevard corridor. Staff recommends approval of the zoning text e ent. Chair Leskinen opened the public hearing at , g p,m, There were no public comments regaz g this application. Chair Leskinen closed the publ' earing at g;2g p,m, Lemke moved,McGran seconded,to recommend approval of Applic 'on No. 15-3709,Amend Section 78-1001(�to d Navarre Area to PUD mized use provisions. TE: Ayes 6,Nays 0. Page 19 of 21 PC Exhibit D Orono Zoning Code Section 78-1 Definitions - Excerpt re: Yards • Yard means a required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, front, means a yard extending across the front of a lot between the side yard lines and lying befinreen the front street line of the lot and the required front yard setback line, which front yard shall be provided on both street frontages of corner lots and double-frontage lots. A lakeshore lot shall not be considered as having a front yard, but rather shall be considered as having a lakeshore yard on one side of the building and a rear yard on the other side of the building. Yard, lakeshone, means a yard lying between the natural ordinary high water mark on the lakeshore and the required lakeshore setback line, for the full width of the lot. Yard, rear, means a yard lying befinreen the required rear yard setback line and rear line of the lot, for the full width of the lot. On a lakeshore lot, the rear yard shall be the yard which fronts on the street lying between the street line of the lot and the required rear yard setback line. Yard requirements means those requirements which relate exclusively to the size of yard areas when such are required within specific zoning districts. Yard, side, means a yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Yard, side street, means a side yard abutting a side street. ; PC Exhibit E ' Impact of Vertical Fence Height Measurement on Sloped Site ' ; � ! L._.l � , � I �' b,X$� � i �, P�� � ; jl � j , � � � ; � _ i r � � � t ' � � i � i < < � `� � , � u ' r • � i � � � � I , ' � •• r _ I I 7� � � � I � a-�/ � � _ Pi4�116L � � . . , � , s � , ! � � � ' � . �l �K�TCN � I . � _ � ` `► `�w vl � I �°1`J'o' Of_ �o � - � r°a � »$ 5� h��a�� y5 ,,,�, �' ,, ���� yS�r �g � � - - . r ' � ✓ � � o Z ' g� °��+° I �� = Z� _ � �9�o �Ss >> , . . ... . �� �o� �I v • � _ � L �� � Lakeshore Lots - `Required Yards' Depiction ,� � S � n 1 —_ i . . � Y � ' � ' o� . , I , � � I ` . �' j - � � � � i � � Q 4 ..• � � " Q � � � h� � -- - _ _ VI . � i s , . ' .'R� 1 ' � I � ' � � � � � l � , H � ..T. � W � � ---------- --------- --- -- - - - - --- - - -------- -- � ----�----- - --- -------- ----- Typical Lakeshore Lot - "Fence Average Lakeshor�e Setback Line" - .- _--- ------ Dep�ction i � ---- � � � ! � p � 4 6 � ( � � r f N� g f . , -- - -. _ _ ,, � . � .. S � � .. S . ...,. • ' � � y ! ! , � ! I � � N � � ' � �� �� � � ' � � � � i I � f �sE , - - - � = t � � � � � I ! I • House B must be behind the Average Lakeshore S ' ' � 1 etback Line � • Any fence located between House A and House B or between House B and may not exceed 42" in height when lakeward of the 'Fence Average LakeshoHe Set C � ___ and no fence is ailowed within 75' of the ta�Ce (Geni��al Development Lake ack Line', � — -------__�_ ) . COUNCIL MEETING Agenda for Annual HRA Meeting �i�R p g 2015 Monday, March 9,2015, 8:00 P.M. Orono Council Chambers,2780 Kelley Parkway, Orono, Minnesota 55��OF ORONO 952-249-4600 /www.ci.orono.mn.us � (*) Asterisk items are considered to be routine items to be enacted upon by one motion by the HRA Council under the Consent Item* on the agenda. Memos regarding each of the Agenda items are available in the Public Packet - located on the counter near the sign in sheet. Roll Call Approval of Agenda 1. Consent Agenda—Consent agenda items, including(*) asterisk items, are considered to be routine items to be enacted upon by one motion by the Commision under this section of the agenda. Approval of Minutes 2. HRA Meeting of February 11, 2013 Bills and Communication City Administrator's Report 3. Election of Officers • Chair • Vice-Chair • Secretary Reports of Committees Unfinished Business New Business Adjournment • MINUTES OF THE ORONO HRA MEETING Monday,February 11,2013 8:00 o'clock p.m. ROLL CALL The Orono HRA met on the above-mentioned date with the following members present: Mayor Lili Tod McMillan,Council Member Cynthia Bremer,Aaron Printup,Kristi Anderson, and Lizz Levang. Representing Staff were City Administrator Jessica Loftus,Assistant City Administrator for Long-Term Strategic Planning Michael Gaffron, Planning Coordinator Melanie Curtis,Finance Director Ron Olson, City Engineer/Public Works Director Jesse Struve, City Attorney Soren Mattick,and Recorder Jackie Young. Mayor McMillan called the meeting to order at 9:04 p.m. APPROVAL OF AGENDA 1. CONSENT AGENDA Anderson moved,Printup seconded,to approve the Consent Agenda as submitted. VOTE: Ayes 5, Nays 0. APPROVAL OF MINUTES *2. HRA MEETING OF FEBRUARY 13,2012 Anderson moved,Printup seconded,to approve the minutes of the February 13,2012,HRA meeting. VOTE: Ayes 5,Nays 0. BILLS AND COMMUNICATION None CITY ADMINISTRATOR'S REPORT 3. ELECTION OF OFFICERS Bremer moved,Anderson seconded,to appoint Lili Tod McMillan as HRA chair,Aaron Printup as HRA vice-chair,and Ron Olson as secretary. VOTE: Ayes 5,Nays 0. REPORTS OF COMMITTEES None UNFINISHED BUSINESS None NEW BUSINESS None MINUTES OF THE • ORONO HRA MEETING Monday,February 11,2013 8:00 o'clock p.m. ADJOURNMENT Bremer moved,Printup seconded,to adjourn the HRA meeting at 9:10 p.m. VOTE: ayes 5, Nays 0. ATTEST: Rachel Dodge, Deputy City Clerk Lili Tod McMillan, HRA Chair REQUEST FOR COUNCIL ACTION DATE: March 9, 2015 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson City Administrator's Report Title Finance Director Item Description: Annual HRA Meeting and Election of Officers � Attachment: HRA Bylaws The Bylaws of the Housing and Redevelopment Authority (HRA)provide for an annual meeting to be held annualy at which time the officers are elected. The current officers are: Chair—Lili Tod McMillan Vice-Chair—Aaron Printup Secretary—Ron Olson Mayor McMillan and Council Member Printup were elected as the Chair and Vice Chair at the February 14, 2011 HRA meeting. The bylaws designate the City's Finance Director, Ron Olson, as the Secretary and non-voting member of the HRA. COUNCIL ACTION REQUESTED Motion regarding the election of officers of the HR.A. BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF MINNESOTA ARTICLE I—THE AUTHORITY Section 1. Name of Authoritv. The name of the Authority shall be the "Housing and Redevelopment Authority of Orono, Minnesota". Section 2. Seal of Authoritv. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization. Section 3. Office of Authoritv. The offices of the Authority shall be at City offices of the City of Orono, State of Minnesota, but the Authority may hold its meetings at such other place or places as it may designate by resolution. ARTICLE II—COMMISSIONERS Section 1. The five members of the Orono City Council shall serve as Commissioners of the HRA pursuant to the Resolution of City Council Resolution 2998, passed on July 22, 1991 and amended on August 12, 1991. Pursuant to the same resolution a Commissioner's term of office shall be concurrent with their term as City Council members. A successor Council member shall succeed to a term as Commissioner upon taking the oath of office as a Council member. ARTICLE III —OFFICERS Section 1. Officers. The officers of the Authority shall be a Chairman, a Vice-Chairman, and a Secretary. Section 2. Chairman. The Chairman shall preside at all meetings of the Authority. Except as otherwise authorized by resolution of the Authority, the Chairman shall sign all contracts, deeds and other instruments made by the Authority. At each meeting the Chairman - 1 - shall submit such recommendations and information as he/she may consider proper concerning the business, affairs and policies of the Authority. Section 3. Vice-Chairman. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman; and in case of the resignation or death of the Chairman, the Vice-Chairman shall perform such duties as are imposed on the Chairman until such time as the Authority shall select a new Chairman. Section 4. Secretarv. The City Finance Director shall serve as the Secretary, who shall be a non-voting member, and shall perform the duties of a Secretary for the Authority. (amended May 29, 2007) The Secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such monies under the direction of the Authority. All such orders and checks shall be counter-signed by the Chairman except as otherwise authorized by resolution of the Authority. Section 5. Executive Director. The Authority may employ an Executive Director or Consultant who may have general supervision over the administration of its business and affairs, subject to the direction of the Authority. He/she may be charged with the management of the housing projects of the Authority. As assistant to the Secretary, the Executive Director or Consultant in his/her own name and title shall keep the records of the Authority, shall act as Secretary of the meeting of the Authority and record all votes, and shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purposes, and shall perform all duties incident to his/her office. He/she shall keep in safe custody the seal of the Authority and shall have power to affix such seal to all contracts and instruments authorized to be executed by the Authority. Under the direction of the Secretary, the Executive Director shall have the care and custody of all funds of the Authority and shall deposit the same in the name of the Authority in such bank or - 2 - banks as the Authority may select. He/she shall keep regular books of accounts showing receipts and expenditures and shall render to the Authority, at each regular meeting (or oftener when requested), an account of his/her transactions and also of the financial condition of the Authority. He/she shall give such bond for the faithful performance of his/her duties as the Authority may determine. The compensation of the Executive Director shall be determined by the Authority. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority of the bylaws or rules and regulations of the Authority. Section 7. Election or Appointments. The first Chairman shall, pursuant to his/her appointment, serve in the capacity of Chairman until continuation or expiration of his/her term of office as Commissioner. The Vice-Chairman, Secretary, and except in the case of the first Chairman, the Chairman shall be elected at the annual meeting of the Authority from order of the Commissioner of the Authority, and shall hold office for one year or until their successors are elected and qualified. The Executive Director shall be appointed by the Authority. Any person approved to fill the office of Executive Director, or vacancy therein, shall have terms as the Authority fixes, but no Commissioner of the Authority shall be eligible to this office. Section 8. Vacancies. Should the office of Chairman, Vice-Chairman, or Secretary become vacant the Authority shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of that office. When the office of Executive Director becomes vacant, the Authority shall appoint a successor, as aforesaid. Section 9. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as prescribed by the - 3 - Municipal Housing and Redevelopment Laws of Minnesota applicable thereto. T'he selection and compensation of such personnel (including the Executive Director) shall be determined by the Authority subject to the laws of the State of Minnesota. ARTICLE IV—MEETINGS Section 1. Annual Meetin�. The annual meeting of the Authority shall be held on the second Monday in January, 1992 at 8:00 o'clock P.M. at the regular meeting place of the Authority. All future annual meetings will be held on the second Monday in February at 8:00 o'clock P.M. at the regular place of the Authority. Section 2. Regular Meetin�. Regular meetings, to the extent they are held, shall be held at a convenient time with proper notification. (amended May 29, 2007) Section 3. �ecial Meetin�s. Special meetings of the Authority may be called by the Chairman, or two members of the Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Authority or may be mailed to the business or home address of each member of the Authority at least two (2) days prior to the date of such special meeting. All appropriate news media offices must be contacted two (2) days prior to the call of a special meeting. At such special meeting no business shall be considered other than as designated in the call, but if all of the members of the Authority are present at a special meeting, any and all business may be transacted as such special meeting. Section 4. uorum. The powers of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in - 4 - attendance, action may be taken by the Authority upon a vote of a majority of the Commissioners present. Section 5. Order of Business. At the regular meetings of the Authority the following shall be the order of business: 1. Roll Call 2. Reading and approval of the minutes of the previous meeting 3. Bills and communication 4. Report of the Secretary/Executive Director 5. Reports of Committees 6. Unfinished business 7. New business 8. Adj ournment All resolutions shall be in writing and shall be copied in the journal of the proceedings of the Authority. Section 6. Manner of Votin�. The voting on all questions coming before the Authority shall be by roll call, and the yeas and nays shall be entered upon the minutes of such meeting. ARTICLE V—INDEMNIFICATION Section 1. Indemnification. The HRA shall be authorized to the fullest extent permitted by law to indemnify any person against expenses and liabilities arising by reason of the fact that the person is or was a Commissioner, officer, employee, or agent of the HRA. Section 2. Insurance. The HRA may purchase and maintain insurance `on behalf of any indemnified person in that person's official capacity against any liability asserted against that person and incurred by that person in such capacity whether or not the HRA would have been required to indemnify the person against the liability under Section 1 hereof. - 5 - ARTICLE VI—AMENDMENTS Amendments to Bylaws. The bylaws of the Authority shall be amended only with the approval of at least three (3) of the members of the Authority at a regular or a special meeting. - 6 - COUNCIL M��.fiMN� ' ' R REQUEST FOR COUNCIL ACTION MaR Q 9 ZO1� DATE: March 9, ��(',�,p�,p{V0 ITEM NO: � 3 Department Approval: � / Administrator Reviewed: Agenda Section: Name Adam Edwards �� Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Watertown Road and Stubbs Bay Road 95% Design Review List of Exhibits A- Water town Road/ Stubbs Bay Road -95% Plan Submittal, Bolton &Menk, Inc, March 3, 2015 B- Excerpt for October 27,2015 Presentation. C- Plan Set(Disk) 1. Purpose. The purpose of this action item is to gain Council approval of the design, presented by Bolton and Menk, for Watertown Road and Stubbs Bay Road reconstruction and authorize the solicitation of bids for the project. 2. Background. On May 20, 2014 Bolton&Menk presented a feasibility study for the rehabilitation of Watertown Road and Stubbs Bay Road. On October 27, 2014 the Council approved Engineering services for survey, design and bidding of reconstruction by reclamation of Stubbs Bay Road from Watertown Road to Bayside Road and Watertown Road from Stubbs Bay Road to Old Crystal Bay Road. 3. Cost. The table below outlines the cost estimates associated with the project. The second column contains the estimates from the Feasibili Re ort resented on October 27, 2014. Road SecNon Feasibility Report Estimated Cost Stubbs Ba Road from Watertown Road to Ba side Road $382,360 Watertown Road from Stubbs Ba to Old C stal Ba Road $824,200 Total $1,206,560 5. Funding. The Watertown Road portion of the project could be funded with Municipal State Aid funds. A funding source is not currently identified for the Stubbs Bay Road portion. Resources could be allocated from other funds such as the General Fund Reserve(reducing it below 50%),the 2014 General Fund Balance or borrowed from the Permanent Improvement Revolving Fund. Storm water work associated with the project can be funded from the Storm Water Fund. The council will need to make final funding decisions for this project prior to award of the contract. 6. Timin . Action When Status Council Authorizes Pro'ect Desi October 27, 2014 Com lete Mn/DOT State Aid Review Febru -March, 2015 On- oin Authorization to Advertise for Bids March 2015 Pendin Pro'ect O en House March 19, 2015 Planned O en Bids A ril, 2015 Pendin Construction Ma -Au ust 2015 Pendin COUNCIL ACTION REQUESTED: Move to approve the Project design and authorize the Solicitation of Bids. ��b� r � � - . • = BOL_TON 8� M �N K , I NC� • Consulting Engineers 8c Surveyors 2638 Shadow Lane,Suite 200•Chaska,MN 55318-1172 Phone(952)448-8838•Fax(952)448-8805 www.bolton-menk.com March 3, 2015 City of Orono Attn:Adam Edwards PO Box 66 Orono,Mn 55323 RE: Watertown Road/Stubbs Bay Road—95%Plan Submittal Deaz Adam: As you are aware,the 95%plans and specifications for the Watertown Road Project have been completed and submitted to Mn/DOT and City staff for review. This submittal is consistent with a desired bid opening in late April and an estimated start date for construction in late May or eazly June. At this time,we anticipate only minor changes to the plans to address Mn/DOT and City comments. T'herefore,to keep the project on schedule,we recommend that the City Council approve the plans and specifications for the project at its regulazly scheduled meeting on Mazch 9�'. Although the exact bid date cannot be determined until Mn/DOT has completed its review,we also recommend that the Council authorize the project to be advertised and for a bid date to be set by staff once we aze authorized by Mn/DOT to do so. As always we will continue to work with City staff and provide the City Council with updates as we continue to work through the design and bidding phase of the project. Copies of the plans and specifications have been provided on CD's for distribution to the Council. Please let me know if additional hard copies aze needed. Sincerely, BOLTON&MENK,INC. �� �' �� David P.Martini,P.E. Principal Engineer tt�N�� , . � � o u rse of Acti o n 3 : Old Crystal Bay to Stubbs Bay First � y� � � � � \'rf5N�4'F � ` � l.- - � � :�'' c �' � E. r�—�. . R �°F R s 5 �, m A.! � t2 12 € � y S � � °' � � _ � � , � y� � � �w � � � � ��t�oi� 'R"''''•�.,j � ; o�.��s� Q 3 12 �_ . . � p � $ �� � � • �"° o ection � • ». ! r , Section4 s � � � � , � '� � _ . � $ 4fi N � .o. `o J E� +2� � � �r. � i u p � D7 . V �' �,�,9 ° Pavanait RNinp� � «� ...�... wci s�.eo N �R � � a,M � � � acis,•,00� Pc��s,�so � � � � �C . � rci e,-so �xi eea���o � _•,� �+ a,w c+� � ey�,f/�id�Dr .n � PC17/-80 �R� ' 8 8 PCI81-70 � �� �O� �� � � �Q� � D� A �q'. � Cost Advantaqes Disadvantaqes • T I 2 2 • Flexible • Worst section 2nd Road From To �°St . Most traveled section 1 St � 1 Watertown Stubbs Ba Old C stal Ba $ 824 200 p 2 Stubbs Ba Watertown Ba side $382 360 . Possible future funding y 3 Watertown Turnham Rd Stubbs Ba $917 796 4 Watertown Old Crystal 500 ft E of $527,732 sources may develop � Ba Willow � cou�ci����=�a�r:� ` MAR 0 9 2015 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: March 09, 2015 ITEM NO: /� Department Approval• Administrator Reviewed: Agenda Section: Name Adam Edwards � Public Works Director/ Title Public Works Director/City Engineer /+�;� City Engineer's Report � ) C� Item Description: Baldur Park Road Engineering Services List of Exhibits A- Baldur Park Road Design and Bidding Services Estimate. B- Baldur Park Engineer Estimate, Bolton &Menk, Inc. January 20, 2015 C- Baldur Park Map D- Petition from Baldur Park Residents,July 2014. E- Emails from Residents, February 2015. 1. Purpose. The purpose of this action item is to gain Counci] approval to direct Bolton and Menk, Inc. to commence survey, soil testing and design for Baldur Park Road reconstruction. 2. Background. Baldur Park Road is 1000 ft long bituminous low volume residential road (Exhibit C). In 2014 it received pavement condition rating of 46 out of 100. Roads with PCIs in this range require reconstruction. In 2014 Baldur Park Road experienced sustained flooding further deteriorating its condition. In 2014 the residents of Baldur Park Road petitioned the City to have their road rebuilt (Exhibit D). In 2014 the City submitted for and received funding from FEMA to restore the section of road impacted by the flooding. At the February 23, 2015 work session council directed staff to develop a way forward for completing Baldur park reconstruction in 2015. 3. Cost. The total estimated cost to rebuild Baldur Park Road is$233,917. See Exhibit B. The Engineering services fee for design thru Bidding is $23,850. 5. Funding. The project could be funded with a combination of the FEMA funds provided and utilizing remaining 2014 General Fund Balance. Fundin Source Amount FEMA $ 59,223 General Fund Balance $ 174,694 TOTAL $223,917 6. Timing. The funds provided by FEMA are required to be used within 18 months of their approvai. The upcoming 2015 construction season is the best opportunity to use the FEMA funds within the designated window. Pro osed timeline: When What En ineer Services Pro osal to Council March 2015 Desi -Bid Phase March—Ma 2015 Contract Award Ma 2015 Construction Com lete October 2015 COUNCIL ACTION REQUESTED: Move to direct Bolton and Menk, Inc. to commence survey testing and design for the Baldur Park Road Reconstruction. • �,��� , -- ,�4 • � BO�TON 8� M �N K , 1 NC� Consulting Engineers 8c Surveyors " 2638 Shadow Lane,Suite 200•Chaska,MN 55318-1172 Phone(952)448-8838•Fax(952)448-8805 www.boiton-menk.com March 4,2015 City of Orono Attn: Adam Edwards PO Box 66 Orono,MN 55323 RE: Baldur Park Road,Design,and Bidding Services Dear Adam: As requested,we have prepared a scope of services and design fee estimate for the proposed reconstruction project on Baldur Park Road. It is our understanding that this is a City funded project that will not require the preparation of a feasibility study and the project costs will not be assessed. Prol�osed Scone of Enaneerine Services To assist the City with this improvement project,Bolton &Menk proposes the following scope of services: TopoQravhic Survev and Soil Borings—We will document existing conditions within the right of way and will locate existing property corners. Photographs of existing conditions will also be taken. Bolton& Menk will coordinate with a sub-consultant to collect and analyze soil borings along the alignment of the road. Existing soil characteristics will be used to assist with the design of the pavement structure. Sta DesiQn Meetings—We will schedule design meetings to review the progress of the project and to get input on design details from City staff. The goal of these meetings is to ensure that the project is designed consistent with City standards and that the City's maintenance practices and operations are considered throughout the design process. Council MeetinQs-We will plan to present the preliminary and final designs for the project to the City Council at two regularly scheduled meetings. The purpose of these meetings will be to inform the Council on the project status and to get input on key design decisions to ensure that the final product meets the needs and expectations of the City. Public Involvement—Since this project was initiated by a petition from the residents who live on Baldur Park Road,we will work with City Staff to hold a neighborhood meeting to inform residents about the scope of the project and to gain input on property specific items. Following the meeting,we will identify design challenges that can be reviewed with City staff and Council. Detailed DesiQn and BiddinQ—Once the final scope of the project is determined based on review of the preliminary design,Bolton&Menk will prepare detailed plans and specifications for the project. This work will include completing all necessary pernut applications and coordination with private property owners as needed. Upon authorization,the project will be advertised for competitive bids. Bolton& Menk will administer the bidding process and will ultimately make recommendations to the City Council about awazding the project. Baldur Park Road Reconstruction March 4,2015 Page 2 Fee Estimate Based on the scope of services described above,we propose a not-to-exceed fee of$23,850 to be billed on an hourly basis. Once the Construction Contract is awazded,Bolton&Menk will prepare a separate scope and fee estimate for construction phase services. Please let me know if you have questions or need additional information. Sincerely, BOLTON&MENK,INC. �� � �� David P. Martini,P.E. Principal Engineer ' �.',c.-�,6- T 3 ENGINEER'S ESTIMATE CITY OF ORONO BALDUR PARK ROAD IMPROVEMENTS 1/20/2015 �+D't�11.. .. �Nff �'�7'�L 1+�. � _ �'l�N�ES�RIP7YON . :�fIT _.>�t'. . #p$�' ROAD RECONSTRUCTION 1 MOBILIZATION LS 1 $ 4,050.00 $ 4 050.00 2 REMOVE BITUMINOUS PAVEMENT SY 1425 4.00 $ 5 700.00 3 REMOVE DRAINAGE PIPE LF 90 $ 10.00 900.00 4 SALVAGE AND INSTALL MAII BOX EA 7 $ 150.00 $ 1 050.00 5 COMMON EXCAVATION EV CY 505 $ 20.00 $ 10 100.00 6 SUBGRADE PREPARATION SY 1425 $ 2.00 $ 2,850.00 7 STABILIZING AGGREGRATE 3"CLEAR TN 100 $ 40.00 $ 4,000.00 8 GEOTEXTILE FABRIC SY 1425 $ 2.50 $ 3,562.50 9 AGGREGATE BASE CLASS 5 CV TN 670 $ 20.00 $ 13 400.00 10 BITUMINOUS NON-WEAR COURSE TN 165 $ 80.00 $ 13200.00 11 BITUMINOUS WEAR COURSE 1.5 INCH TN 125 $ 100.00 $ 12 500.00 12 12"RCP LF 90 $ 40.00 $ 3 600.00 13 EROSION CONTROL LS 1 $ 1 500.00 $ 1,500.00 14 SOD TYPE LAWN SY 700 $ 5.00 $ 3 500.00 15 TRAFFIC CONTROL LS 1 $ 1 000.00 $ 1,000.00 ESTIMATED CONSTRUCTION COSTS $ 80,912.50 ESTIMATED SOFT COSTS AND CONTINGENCY 35% $ 28,319.38 ESTIMATEDPROJECTCOSTS S 709,231.88 ROAD RECONSTRUCTION(FEMA ELIGIBLE) 16 MOBILIZATION LS 1 $ 2,700.00 $ 2 700.00 17 REMOVE BITUMINOUS PAVEMENT SY 1050 $ 4.00 $ 4 200.00 18 SALVAGE AND INSTALL MAIL BOX EA 9 $ 150.00 $ 1 350.00 19 COMMON EXCAVATION EV CY 335 $ 20.00 6 700.00 20 SUBGRADE PREPARATION SY 1050 $ 2.00 $ 2 100.00 21 STABILIZING AGGREGRATE,3"CLEAR TN 100 $ 40.00 $ 4 000.00 22 GEOTEXTILEFABRIC SY 1050 $ 2.50 $ 2625.00 23 AGGREGATE BASE CLASS 5 CV TN 440 $ 20.00 $ 8 800.00 24 BITUMINOUS NON-WEAR COURSE TN 116 $ 80.00 $ 9 280.00 25 BITUMINOUS WEAR COURSE 1.5 INCH TN 87 100.00 $ 8 700.00 26 EROSION CONTROL LS 1 $ 1 500.00 $ 1 500.00 27 SOD TYPE LAWN SY 420 $ 5.00 $ 2 100.00 28 TRAFFIC CONTROL LS 1 $ 1 000.00 $ 1 000.00 ESTIMATED CONSTRUCTION COSTS $ 55,055.00 ESTIMATED SOFT COSTS AND CONTINGENCY 35% $ 19,26925 ESTIMATED PROJECT COSTS $ 74,324.25 CURB AND GUTTER ALTERNATE 29 MOBILIZATION LS 1 $ 1,800.00 $ 1800.00 30 COMMON EXCAVATION EV CY 225 $ 20.00 $ 4 500.00 31 GEOTEXTILE FABRIC SY 670 $ 1.50 $ 1,005.00 32 CURB AND GUTTER TYPE S412 LF 2000 15.00 $ 30 000.00 ESTIMATED CONSTRUCTION COSTS $ 37 305.00 ESTIMATED SOFT COSTS AND CONTINGENCY 35% $ 13 056.75 ESTiMATED PROJECT COSTS s 50,361.75 TOTAL ESTiMATED PROJECT COSTS $ 233,917.88 ` ��"J' '�' �., r ,.. � ��� - ,J�''� � � � '�K4���. +yr�* ;y � ' � � �,.�. .�' --'7s,� %' /�,�(��� �i5� y a � . � f �-Pc '{i'�4.� i � ' �� ..) .w c �� � . �Y� k� � ` ���4 � t 'i P`� �+{�" � '*Y s �"�y ._. � �r4��'Y.F�y ''$'� i¢l�,.`e�L ������"�lr.�"��� . ]�F'�'�"� a:� ��'� i a 1i `,��� � h � � r � �, ,.,� * �y , , k1�,_ ;,t , � ;w�" '� :`�.� � � �� � �' � ,� ��:���' � �� # ��� .R� -`� « ` � � - � .3 �y; ,r . ^n .;� �wy� �S'➢. p x,. �i �� � . i ��.�Y`,� � �" �' . 4�''� ... � ,'� �.; - , "`.'���., . �"�. n�� � '�'`����'� � , r E ���, � `�� � •'�'° ' �� , <,-. +" t1 w r yr. �� ♦� � -;:h y*� �#':'. . �.'. � �j.. n'��. '�� -'T;. , /.+ ^^� ' ♦ �.� `\, � ,Vh �� �a � y�r ���',t. `��'' • :�� , ... � R � .. .��' �t' '�1.. � ,��. � ;a" �+ � i°�x�y`e��, �` '�.�' ..� � ,� .� � '" ti �` �y � � . �`' ^�;t : � a � � ,, ti, � ` � �� a� � � ;� �� '�„�'1 'r k '"", � �s,!�f� � '�i� �. . 'r. .. � ��. �.�.�. � � r�'U' �}�� `�\♦ S '�f �� .r,�� � �� 1ti X� :� ,t k �,5k �w`� . � . 1 ' � .MI� � `� "`. �` -'�. � 4 . �s�' f �. s " �,��, y�: �' i ;:J �'/ ' `� '� `� �;+ �-� 3,� .� ��p _ , �' � � � ��`.��,���, ..'�r,, r7� .rr y.� �.�� �►� .." y� `-.�.i,.. ,: .' . "L y . X r � � � � ,' '� � � � � �. ��. � i� , r �� �^ ��' �• ,., „ '� � .�.. ,.� � �,��d' �t �+,v. �sti:t ° ,�— ,. ,.�k �, �, a:NO t JA� � ` �-".�,�.c '� x�� . �� ���4 •,�� ^ � +� .. x . �� ���n�` ... > e. �. � � , �� .4 .r � � \! ..� � !�w +rw'«�4A� . � � .�� �y_� �'t*`'V,� � e '.' �+��`r�y",'�''♦ � ,Y e•� � ,� ���'..,..y,�1!��� ^ +n.'� .� ' t�A�������e .'y'.�+lR"i►'... ..` f. �.����t �� f �l..a^'+'^' '�'��� � �� � , �'��,t��' � . . .fy / % _�_�_ ' � � ' • • • � '1 �� Petition to Rebuiid Baldur Park Road � � Submitted to the Ci _ ty of Orono, MN July, 2014 Ps�ion summary and Beldur Pahc Road,which is on a peninsula in North Arm Bay(Esst side),�Zp�pLUS the road prarid�acces$ �k9�+� to 11 hon�es on Birch Lane.The road has been(n serious distress fur over 15 years yr(th�po��,d�jntegraNng aspha�,no curbs, eucessive sememen�and reoently,flooding over the�oadway due to rair�#all.An area near the west end of the rosdway is disiMegratlng and qose to{allinQ in�the Iake.About 45p'of the�d(14Q4—1436)has bee�under water(6"+/-)since the lalce has rtaen in the past week. Culverts,which were des�gned to allow s�oRn watier to Aow to the south side� now senre as`sPeed bumps"sincs the roadway has settled about 6"belaw the top of these metal cuhrerts. The roadway� be8inning at County Road 61, �20'wlde r�m�wing� 12'wide on�e west end.(Lsngth about 1100'y. Being on a penlnsula,soil conditlons aro variable and �mpacEed by the water tarble and the lake elevatlon on both sides, Actlon P�tlon�d br We,the unders�ned,a�concemed c�tizens who u r+ge our municlpal leaders b aat now b�o�du�an Engineering inspection and Soil Testlng�the roadway base to determine�e op�mum long term solutfon for this trouWed roadway, We urge the City to authorize roadway peslgn Services in 2014�b analyze op�ons,and to obtain Contractor Bids in 2014 so that fun�can be budgeted f�or construc�io�fn the near tuture,pe►fiaps,�soon as 2015.ft should be noted th�B�ch Lane,which connects to Beldur Perk Road vvas very nloely upgraded.with sloping c�ncxete curt�s in 2011. We also ask that the Cit�r limit the axle vyeight of vehk�es on thi$road�y br{� ENTIRE year(now and in the future)b minimize settlement�d con�tuing darnage to the roadway surtaoe.(k� trash p�trudcs&«�nnstruc�on vehicles) P�rrtsd Name Stgnatun Address Comn�t Da� Ch�is/Beth Joh�son 1376 Baldur Park Road ��'Y �,uj r� Craig/Liaa�Pe�son �"c �.D 9 � � 1384 Baldur �. �2�1�`� Gil/Roxane G�le � 1352 Baldur �� �►[�, � Michae!/Katy Schroeder 1396 Baldur ��23 i Steve Elliot� ��---�' 1400 Baldur ��� 2g t w Printed Name 81gnaluro qddr�s ��� Dsbs � 1404 6aidur House is under construction Wfliiam!ICristy Mderson ' '''.z• 1408 Baldur Park Road b�i2/ry Wiiliam i Babs Arons a�'`�' �� 1412 Baldur ��/r� Jeff Ulku ' r Marcia Peterson 1416 Baldur �1z3Jry Brad/Cindy McDonneli ,'� 1420 Baldur Ridc Rohrer 6 i Z 3��r� `Sonja Hubchison �� � � 1424 Bafdur �1��;-i Kent Roth 1428 Baldur �CZ�lry Jadc/Maureen Nyquist 1432 Baldur ��2'��r�I Jeff Mikkelso� 1438 Baldu� �'IZ3�ly Jack/Susan Bohn 1440 Bafdur M�T AvQ t�q.p��;'- Pa�ick/Loring Kaveny 1444 Baldur �s `��n� Gc oUt_'— 6��3r��1 Jay/Marfls Lawrence 1448 Baldur , � �Iz3 � Fred/Julie Puzak 1340 8� 1350 Beidur Park Road ��� �VQ�,��31.L� Ken/Diane CaNson 3874 North Shor+e Drive (�' �!( Mike/Kim Lat�ener 3590 North S'hore Drive �. D i� 332C3 t� +t 1� 1�/2�/i� � CG.��cQ � ��� I rt '�'' � ���-�e� -�' �-tavC. �'L�-� rl q� �- -�a� `��`"e... � � � Exhibit E From: Cindy McDonnell [mailto:csmcdon@clmail.com] Sent: Tuesday, February 17, 2015 8:55 PM To: Jessica Loftus Cc: bmcdonnell@watlow.com Subject: Fwd: POSSIBLE Baldur Pk Rd reconstruction discussion at City Council mtg of Feb 23rd!!! Hello - Cindy McDonnell here expressing that Brad and I would really like to see something done to fix our horrible road(Baldur Park Road). It was bad before the flood -and now it's a whole lot worse. I've called the city several times pre-flood and it never seems to be a priority. Now it's imperative that something be done to bring it up to standard. Thank you - Cindy and Brad McDonnell ---------- Forwarded message ---------- From: <bkejl(a�mchsi.com> Date: Tue, Feb 17, 2015 at 5:37 PM Subject: POSSIBLE Baldur Pk Rd reconstruction discussion at City Council mtg of Feb 23rd!!! To: Cindy Mcdonnell <csmcdon ,�mail.com>,jeff mikkelson<eff mikkelson(a�hotmail.com>, Marcia Peterson<marcia ,rivertrip.org>, Kent Roth<kentbrothLa�,gmail.com>, Jack Nyquist <n�c�uist(�a,mchsi.com>, Roxane Gehle <roxane.gehle(�a,�mail.com>, Bill & Babs Arons <aronswc ,gmail.com>, Anderson Bill and Kristi <billanderson.email(a),vahoo.com>, Lisle Steve <Lisle.Steve(a��mail.com>, Katie Schroeder <skykt(�a,aol.com>, BetsyBruce Nusbaum <Bnbnus(c�aol.com>, Rick Rohrer<rick.rohrer(a�mchsi.com>, Sonja Hutchinson <sonj ahutchinson(a�mchsi.com> Bill & I cannot attend - we are hoping folks will either submit an email to the City Administrator below supporting an initiative (like we will) andlor ATTEND if possible, nothing like having a representative present to put them on alert we are keeping track & want it DONE!! Submit an email or letter ASAP - packets are assembled prior to meeting on 2/23! And forward to anyone I missed please... Email: jloftus sci.orono.mn.us Thanks a11! Kristi , � �OUNCIL��1E�Tlt���� t MA� 0 � 2015 REQUEST FOR COUNCIL ACTION �p�(gF pRONO DATE: March 9, 2015 ITEM NO: /� Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Navarre Street Light and Sidewalk Project—Pay Request No. 5 List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor's Pay Request No. 5 1. Purpose. Gain Council authorization for Pay Request #5 of the Navarre Street Light and Sidewalk Project. 2. Background. At the February 10, 2014 Council meeting, the Council awarded the contract for the Navarre Street Light and Sidewalk Project to MP Technologies in the amount of $581,762.78. The project entailed replacing 35 street lights, all the light wiring and bases, and removing and replacing approximately 10% of the existing sidewalk in the Navarre area. The project is complete less some punch list items which will be completed in the spring. 3. Funding. This project is funded from the Community Investment Fund. Bolton & Menk has reviewed the pay request, verified the quantities and recommends payment in the amount of $17,040.29. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 5 for the contractor MP Technologies in the amount of $17,040.29 for the Navarre Street Light and Sidewalk Project. � � BOLTON &. M �N K , I NCm Consulting Engineers &Surveyors 2638 Shadow Lane,Suite 200•Chaska,MN 55318-1172 Phone(952)448-8838•Fax(952)448-8805 , www.bolton-menk.com March 4,2015 City of Orono Attn:Adam Edwards 2750 Kelley Parkway Orono,MN 55356 RE: Navarre Lighting and Sidewalk Rehabilitation City of Orono Dear Adam: Enclosed is Payment Request No.5 from MP Technologies for work completed on the Navarre Lighting and Sidewalk Rehabilitation Project through February 23,2015. This pay request represents a reduction in the retainage from 5%to 2%,which we have determined is sufficient to account for the amount of work needed to complete the project. We have reviewed the estimate,verified the quantities,and recommend payment in the amount of$17,040.29. ; Please contact me if you have any questions or need additional information. � ' Sincerely, , BOLTON&MENK, INC. , �� � �� ► , David P.Martini � Principal Engineer i � H:�ORN01C13107312U_CorresW_Docs�Pay Request No S.doc DESlGNING fOR A BETTER TOMORROW Bolton&Menk is an equal opportunity employer * CCNTRACTOR'8 PAY REpUEST N0. � NAVARRE LIGHTING Q,SIDEWALK REHABIUTATION CITY OF ORONO 8MI PROJECT NO.C1S.107S12 70TAL AMOUNT BID PLUS APPROVED EXTRA WORK............ .......................................... 5693,702.7A TOTAI,COMPLETED WORK TO DATE................................................................................ .. S 588,009.7D TOTAL.STORED MAl'ERIALS TO DATE.............................. .. ............................................... s . DEDUCTION FOR STORED MATERIALS USEO IN WORK COMPLETED.......... ...................... a . TOTAL,COMPLETED WORK 3 8TORED AAATERIALS...............................................................•• a - RETAINED PERCENTAGE( 2%) ............................... ..... ......... ......... ....... .. S 11,380.20 TOTALAMOUNTOFOT'IIERDEDUCTION3.......................................... .. ........ ...... .... ..... . s - NET AMOUNT DUE TO CONTRACTOR TO DATE .. ................. ......... ........... .... ... = 558.949.59 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES .......................... ................. ....... S 539�808.30 PAY CONTRACTOR AS ESTIMATE NO. _�..,., , . _. . . . .. a 17.040.29 Certificete�r Partial Ppyment �hereby oertily that,to the be�t of my knowledqe antl belief, all i0ems Quar�dde�and pdces of work and matedal slrown on thls Estknate are oared�nd Mat ap worlc has baen �m,��u,n aocora.r�ce w�n,n,e�ms.�w�ran+ons ams cona.a ror a,�ao�ea baNMean the Owner and the undenipnad Contrsc0or,and as�mended by amr authwimd chenpss,and thet d�e forepoinp is a trua and oorroct steten�ent of the aontraat emount tor�e pariod coverod by this Eatirneta. Cantrector. MP Technobplet,LlC b00 CouMy Rosd 37 Ea AAN 553 . sy VP of Operatlons Name TUIe pa� 3�d-15 CHECKED AND APPROVED AS Tp QUANTI71ES AND AMOUNT: BOLTON&MENK,INC.,ENGINEER ,2838 SHADOW LN,SUITE Zpp,CHqgKq MN 55g1g By -�^a� � ,CONSULTANT CITY ENGINEER DAVID P.MAn I, Date :3 � ) $' APPROVED FOR PAYAAENT: Owner: CITY OF ORONO,MINNESOTA BY Name Title Data PARTIAL PAY ESTIMATE NO. 5 NAVARRE LIGH7ING&SIDEWALK REHABILITATION CITY OF ORONO,MINNESOTA BMI PROJECT NO.C73.107312 WORK COMPLETED THROUGH FEBRUARY 23,2015 REM � I PLAN OF UNIT BIO PAYAPPLICATIONS TO A NO. QTY. MEASURE PRICE UNT UANTT' TO DATE 1 MOBILIZATION 1 LS 13 601 41 13 801.41 O.gS �� ��N A�UNT 2 TRAFFICCONTROL � �S 1173120 0.85 ��73 ,2 CITY SIDEWALK IMPRONBMENTS 52 978.00 2 976.00 0.85 S 528.80 0.85 2 529.80 3 REMOVE C NCRETE SID WALK INCL SAWCUTTING 8074 SF 52.17 S17 520.58 9752.00 2��g�gq g�52 00 Z�18�84 4 4"CONCRETE SiDEWAIK 8074 SF 5 AGGREGATE BASE .96 S40 047.04 9752.00 $48 389.92 9752.00 S48 369.82 6 PEOESTRIAN RAMPS 125 CY 22.39 S2 798.75 129.00 S 888.31 129.00 $2 888.31 LIGH7ING AYIPROVEMENTS �8 � 5744.00 $13 392.00 14.00 $10 416.00 14.00 $10 416.00 � REIuIOVE EXISIING �GHTING POLES&LUMINAIRES � � 8 REMOVE E�(IS71NG LIGHT FOUNDATIONS 152.50 5 490.00 36.pp 5 490.Q0 36.00 $5 490.00 9 REMOVE CONCRETE SIDEWALK NCL SAWCUTTING 33 � �•�� 8 339.00 B.00 $1 g98.pp g,pp $1 898.00 10 4"CONCRETE SIDEWALK �$ SF .'�0 2 278.50 735.0p 278.50 735.00 S2 278.50 11 AGGREGA7E BASE C 735 SF 35,58 i4101.80 735.00 54101.30 735.00 � CY 22.39 1 343.40 60.00 1 343.4p 80.00 �101.30 12 LIGHTING UNR LU7 33 EJ{ S1 343.40 13 UGHTING UNfT LU2 7 768.78 258 369.08 33.00 t256 388.08 33.00 $256 368.08 74 LIGHIING UNIT LU3 Z � S7 788•76 $75 537.52 2.00 S15 537.52 2.00 15 537.52 15 LIGHTING CONTROUPOWER CABINET � � $2 407.57 b2 407.57 1.00 $ 407.57 1.00 2 407.57 16 NEWLIGHTPOLEFOUNDATIONS 4 � ���•� 16684.24 4.00 16684.24 4.00 518684.24 WIRING IMPRpVEMENTS 33 � 5771.84 25 484.12 3.00 S2 314.92 3.00 $2 314.92 17 CONDUIT 2"N.M.C. BORED 8250 LF .71 80107.50 6250.00 580107.50 8250.00 580107.50 18 LIGHTING ELECTRICAL CIRCUIT 8600 �F ,p3 Zg p8g,pp g8pp,pp SZg 058.00 8g0p.pp 19 HANOHOLE HH1 41 � S26 058.00 20 FESTOON OUTLET ELECTRICAL CIRCUIT 5365•97 $15 004.77 37.00 13 540.89 37.00 E13 540.89 8300 LF 53.74 331042.00 830p.00 1042.00 8300.00 31042.00 LTERNATE NO t Ap�p DUCT TOTAL BASE BID: 21 UGHTING UNIT lU1 AITERNATE 1-ADD/pEDUCT 33 Ep 22 LIGHTING UNIT LU2 ALTERNATE 1-ADD/DEDUCT 5200.00 CONTRA T HANGES 2 � Z00,00 23 CO NO 1-GROUND MOUNTED CONTROL PANELS 4 � z ee5.00 ��eeo.00 a.00 a,�sao.00 a.ao a�,eao.00 TOTAL BASE BID: jS83 702.78 Slri66 009.79 SSBB 009.79 rc�or�ac+aiors�z��crosu+,�uon�c_aar�Wa,cano,+swey ae�ac No s wa � � . r CODUCIL MEETING MAR 0 9 2015 REQUEST FOR COUNCIL ACTION CITY OF ORONQ DATE: March 9, 2015 J ITEM NO: �� Department Approval: Administrator Reviewed: Agenda Section: Name Adam T Edwards �i �, `� Public Works Director/ Title Public Works Director/City Engineer �`"� ' . ,.- City Engineer's Report �.� `. Item Description: 2014 Sanitary Sewer Rehabi�l tati .-& Manhole Lining—Pay Request No. 1 List of Exhibits A- Recommendation Letter from Bolton & Menk B- Contractor's Pay Request No. 1 1. Purpose. Gain Council authorization for Pay Request #1 of the 2014 Sanitary Sewer Rehabilitation& Manhole Lining Project. 2. Background. At the August 11, 2014 Council meeting,the Council awarded the contract for the 2014 Sanitary Sewer Rehabilitation& Manhole Lining Project to Insituform in the amount of $230,921.50. The project consists of CIPP lining of approximately 4,000 feet of sanitary sewer pipes, manhole reconstruction, and lid replacement. 3. Status. Insituform has completed the CIPP lining portion of the project. The manhole reconstruction and lid replacement will occur later in the spring. 4. Funding. This project is being funded from the Sanitary Sewer Enterprise Fund. 5. Recommendation. Public Works and Bolton& Menk and have reviewed the pay request, verified the quantities and recommends payment in the amount of$176,770.21. COUNCIL ACTION REQUESTED: Motion to approve Pay Request No. 1 for the contractor Insituform in the amount of$176,770.21 for the 2014 Sanitary Sewer Rehabilitation & Manhole Lining Project. w l BO LTON 8� M �N K , 1 NC� � ConsuHing Engineers & Surveyors 2638 Shadow Lane,Su(te 200•Chaska,MN 5531&1172 Phone(952)448-8838•Fax(952)448-6805 www.bolton-menk.com ; March 4,2015 City of Orono � Attn;Adam Edwards " 2750 Kelley Parkvvay ; Orono,MN 55356 ; RE: 2014 Sanitary Sewer Rehab&Manhole Lining City of Orono IDear Adam: Enclosed is Payrnent Request No. 1 from insituform for work completed on the 2014 Sanitary Sewer Rehab&Manhole Lining Project through January 30,2015. We have reviewed the estimate,verified the quantities,and recommend payment in the amount of$176,770.21. � Please contact me if you have any questions ar n�d additional infonnation. Sincerely, BOLTON&MENK,INC. �� � �� David P.Martini Principal Engincer H:�ORNO�t 3108282\1 Coms\C_To Others�Pay Request No l.doc DESIGNING FOR A 8E1TER TOMORROW Bolton&Menk is an equal opportunity employer i PARTIAL PAY ESTIMATE NO. 1 2014 SANRARY SEYVER REHAB 8 MANHOLE LININf3 CITY OF ORONO,MINNESOTA BMI PROJECT NO.C13.108282 WORK COMPLETED THROUGH JANUARY 30,2075 �� PLAN OF UNIT BID PAY APPLlCATIONS TO DATE �• Q7Y. MEASURE PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 MOBILIZATION 5%AAAXIMUM 1 LS 730.30 $2 730.30 1.0 730.30 2 TRAFFIC CONTROL 1 LS $11 739.70 $11 739.7D 1.0 71 739.70 3 CURED IN PLACE PIPE CIPP APPROXIMATELY S"MEASURE 8 300 LF .10 $170 730,00 5480.0 148 508.00 4 REINSTATE SANITARY SEWER SERVICE ANY SIZE 65 EA $358.3Q E23159.50 62.0 $22 090.80 5 TRIMMING PROTRUDING TAP NON-IRON ANY SIZE 2 EA .10 3670.20 3.0 $1 005.30 6 MANHOLE LINING LF SB14.30 7 MANHOLE JOINT SEALING Ep �g� 8 MANHOLE INVERT RECONSTRUCTION Eq g�g�_gp CHANCiE ORDER 1 1 CONCRETE RINGS AND INTERNAL CHIMNEY SEALS. 1 LUMP SUM 18 800.00 18 800.00 2 FORM&POUR MANHOLE.EPDXY COAT 3 MANHOLES. 1 LUMP SUM 13 200.00 a13 200.00 3 5 FOpT FORM�POUR MANHOLE 7 LUMP SUM 360.00 $2�0.00 TOTAI BASE BID: 5243,189.70 5188,073.90 H•10RNO�C13108282V ConsWctlon�PayAppllaGonsWayRequestryolRev.xls � ♦ I I , CONTRACTOR'S PAY REQUEST NO. 1 � T074 SANITARY SEWER REHAB qPP REHAB i MANHOLE idTY OF ORONO � BMI PROJECT NO.C19.108�61 i T�TAL AMOUNT BID Pi.US APPROVED EXTRA WO�lK............................................................. S2d3,1�.70 � TO7AL,COMPIETED WORK TO bA'I'E.....,��....�.,...�........�..�..,�,.,,.�................................................ S 186,07$.9t1 TOTAI,STOREb MA7ERIAL&TO DATE............................ ......................................�,......,..,,., 3 = DEDUCTION FOR STORED MATHRIAL3 U6�D IN WbRK CbMP1.E�'�b...�......................�....,... a = TOTAL,COMPLE7ED WORK&5TaRED MATERIALB..............�....................,.........,.........,,.,..,,.. � - RETAINE�PERCENTAGE( 546) ............................................................................ S 8�303.7C1 TOTAL AMOUNT OF O7FiER DEDUCTIONS........................................................................... S - NET AMOUNT DUE TO CONTRACTC�70 DATE..................................................................... S 178,Yy0.21 TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES .............................................................. S = PAYCONTRACTORASESTIMAI'ENO. _L................................................................ S 178�y70,�1 Certlflcate for Pertisl Paymeni I hereby certiy tAat,to the best d my knaMedpe end beliei, sll itams quenGtiea and prices . ai work and metedal shown on thls E�Imat�are correct and thet all vwrk hes been peRormed in full accordance with the terms and condlUorre oi the CoMreat for ihis ptojeat between the Owner and the underelqned Cohtrada,and u�afnendsd by arry euthorized chenpee,and chat the forepdng is e true�d corraot statemeM ot the contract amouM for the porfod covarad by thfa�stlmate. Contractor: INSITU�ORM 580 OODDARO AVE TERFIELp,MO 83005 BY / l�'� �'4�==•-.• • � ' '! . //)I�4fPt�.. �������� Name Tltle Date ,� ^ C�_r .5 CHECKED AND APPROVEO A3 TO OUANTITIES AND AMOUNT BQLTON&MENK,INC.,ENGI fRS,2838 SHADOW LN,SUITE 200,ChW3KA MN 55318 By ���~-�'t�f I�• ' ,CON3ULTAN7 CITY HNGINEER .MAR � . . o�t� -� � �S APPROVED FOR PAYMEN7; Owner. CITY OF ORONO,MINNESOTA By ame � e Date , CO�r��,��E��,�r���� REQUEST FOR COUNCIL ACTION �/�� � 9 �Oi5 DATE: March 9, 2014�1'�(�pRpNp ITEM NO: � 7 Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards � ) �/ Public Works Director/ Title Public Works Director City Engineer C�� X City Engineer's Report V Item Description: Cygnet and Chevy Chase Park Status List of Exhibits A- Excerpt from City of Orono Community Management Plan 2008-2030. 1. Purpose. The purpose of this action item is to gain City Council approval to remove Cygnet and Chevy Chase Parks from the List of Orono Parks. 2. Background. The Park Commission has completed initial review of the City's parks and recommends that Cygnet and Chevy Chase Parks be removed from the list of Orono parks. Neither site meets any of the classification criteria for city parks per the City of Orono Community Management Plan.Neither site has been developed as a park. Both sites function as drainage out lots. Both sites are better characterized as Orono Undesignated Open Spaces. If removed from the parks list both sites would continue to be maintained as City property but would not be advertised or managed as park space. 3. Park Commission Action. At the March 2,2015 Park Commission meeting, the commission voted unanimously to recommend Cygnet and Chevy Chase Parks be removed from the list of Orono Parks. COUNCIL ACTION REQUESTED: Motion to approve removal of the Chevy Chase and Cygnet Parks from the list of Orono Parks. � .t'�i�,�; � ; CMP Part 4E. Park,Open Snace and Trail Plan CLASSIFICATION OF CITY PARKS& PUBLIC USE AREAS The City of Orono is serviced by a variety of park, recreation, open space and trail facilities provided by the City, regional and state government, the Orono School District, and private enterprise. In addition, the community benefits from facilities in nearby communities which are accessible to and used by Orono residents. This section is a classification of the existing park, open space facilities and other resources available within Orono provided by the City for Orono residents. A. MINI-PARKS Size: Approximately 0-2 acres Service Area: Serves primarily the neighborhood community that surrounds the park and is intended for informal recreation, play and relaxation. Limited usage by groups and orga.nizations. Typical Facilities: -Tot lots, play lots for children -Benches and picnic tables -Creative play structures and apparatus -Limited parking -Lighting not to be intrusive,mainly for security -Half-court basketball Use Characteristics: Orono has several mini-parks located throughout the City that generally serve as passive recreation sites for all ages. Mini- parks or play lots may also be small parks intended for informal recreation,play and relaxation. B. NEIGHBORHOOD PARKS Size: 2-15 acres Service Area: Primarily for informal neighborhood use (approximately a one mile radius). Limited organizational use, and not for exclusive use by any one organization. Typical Facilities: -Playfields -Multiple use, hard surface play courts -Creative play structures and apparatus -Half-court basketball -Tennis courts City of Orono Community Management Plan 2008-2030 Page 4E-9 � CMP Part 4E. Park,Onen Snace and Trail Plan -Open field for informal soccer or football -Picnic area with tables and benches -Ice-skating rinks -Trail connections to community-wide hiking/biking trail system -Vehicle parking with 10-20 spaces (sized to meet park needs) -Lighting that is not intrusive,primarily for security Use Characteristics: Orono's neighborhood parks are intended for more active use than mini-parks with areas often designated for field games and special activities that can serve more than the surrounding neighbors. This classification of park offers more opportunities for a variety of of recreational use for all age groups. The type of facilities found in Orono's neighborhood parks varies by activity requirements and site physical constraints. Neighborhood parks offer opportunity for a variety of recreational activities, primarily informal, but also including limited organized activities. Organizational activities are typically not more than two days or nights per week. C. COMMUNITY PLAYFIELDS Size: 10 or more acres(1.5-2 acres per 1000 residents) Service Area: Centrally located to serve a wide area of the City Typical facilities: Typically a combination of game grass and natural areas providing active outdoor recreation,and including: -Play fields -Spectator facilities -Lighted Fields -Shuffleboard -Tennis -Volleyball -Picnic areas& shelter -Ice skating -Large parking area -Play area for children -Sanitary facilities with running water Use Characteristics: Community play fields or parks primarily serve organized sports, teams and leagues. The facilities at the Orono Schools campus also provide Orono residents with community play fields. City of Orono Community Management Plan 2008-2030 Page 4E-10 CMP Part 4E. Park.Open Suace and Trail Plan D. NATURE/CONSERVATION AREAS Size: Typically 5 acres- l00 acres or larger Service Area: Serves the entire community, providing for passive use by residents of all ages. Typical Facilities: -Nature observation areas -Environmental Education facilities(interpretive signs,etc.) -Parking for 1-5 vehicles -Picnic tables and benches -Walking paths Use Characteristics: Conservation areas consist of prairies, lakes, wetlands, woodland areas, natural features, and wildlife habitat. Conservation areas may have passive recreation facilities developed within their boundaries such as hiking and biking trails, picnic areas and wildlife observation. Where appropriate, trails will be developed within these conservation areas for passive use such as nature observation. These nature trails will also be considered for limited cross- country ski trails in winter. Nature observation blinds also may be developed. The development of trails will not consume more than 20%of property. E. LAKE ACCESSES Size: Variable;typically 0-2 acres Service Area: Orono's lake access areas are primarily intended to serve the local neighborhoods around them. Typical Facilities: Beaches: Provide recreational swimming opportunities primarily for the surrounding neighborhood. - Limited organizational use and not exclusive to any one organization - Picnic tables or benches - Canoe racks - Open for use only during daylight hours - Limited parking - Unsupervised swimming; swimmers swim at own risk Boating Access: Primarily for Orono residents (regional boating access provided by MnDNR and Hennepin County). - Limited parking City of Orono Community Management Plan 2008-2030 Page 4E-11 CMP Part 4E. Park,Open Space and Trail Plan Fishing Docks: Available primarily for local community. - Benches - Open for use only during daylight hours - Dock or other water access - Limited parking Use Characteristics: These areas provide not only boating and fishing access, but in some cases also serve as access points for ice fishing and winter vehicular lake access. Hours and dates of use may be limited. Due to Orono's location on Lake Minnetonka and Long Lake, there are a large number of public and private lake access facilities of various types and purposes. Within Orono there are 5 marinas and two major public boat landings on Lake Minnetonka. F. TRAILS -LINEAR PARKS Service Area: Orono's trail system, with connections to regional trails, serves the entire Orono community as well as residents of surrounding communities. Typical Facilities: -Trails for recreational use - Bicycle and pedestrian oriented -Connections to other recreational open spaces and parks,both City and regional,as well as to transportation corridors. Use Characteristics: The City of Orono has a number of linear parks. Public nature trails where appropriate, and the major corridors of a linear park system will seek to connect parks, schools, shopping areas and residential neighborhoods. The Luce Line Trail (MnDNR) and a number of local trails which typically parallel existing roadway corridors, currently provide connections between local and regional park facilities. These trails offer opportunities for observing unique natural open spaces. The newest element of the regional trail system, the Dakota Rail Trail, has a bituminous surface and a variety of amenities that will serve both pedestrians and bikers. Its route traverses a variety of landscapes, including urban neighborhoods as well as rural wetland areas.(See Map 4E-3) City of Orono Community Management Plan 2008-2030 Page 4E-12 CMP Part 4E. Park,Ouen Snace and Trail Plan G. ORONO SPECIAL USE AREAS Orono has a number of recreational or open space areas which do not fall strictly into one of the categories listed above. Each of these has specific uses and conditions, and each will be defined and described in a unique manner appropriate for that site. Special use sites are any areas providing specialized or single-purpose recreation activities such as golf courses, play fields, historic sites, marinas, conservatories, arboretums, ice arenas or ski hills. These site serve the entire community and in some cases neighboring communities. However, consistent with the facility, users are normally specialized and represent small groups. Some special use sites (e.g. ice rinks) are found within parks. Historical sites will be coordinated with the Minnesota Historical Society and or other agencies and groups as appropriate, to aid in the identification,interpretation and preservation of these sites. Examples of special use areas include the Orono Golf Course, the Lee Carlson Baseball Fields,and the historical Native American site on the Seven Nations Park property. H. ORONO UNDESIGNATED OPEN SPACES In addition to the parks, playfields, trails, conservation areas, lake access points and special use areas noted above, the City has ownership or control of a number of undesignated open space properties. These are properties that the Citv has acquired over the years through a variety of ineanc h,�r �x�hirh arP „�r , necessarily intended to become an element of the park system. These parcels include wetlands, steeply sloped or otherwise inaccessible platted lakeshore corridors,parcels used for drainagewa s or storm a em nt,etc. I. REGIONAL PARKS,OPEN SPACE & RECREATION FACILITIES A number of parks, open spaces and recreational facilities not owned or administered by the City of Orono are located within the City boundaries. These sites and facilities are of a regional nature, drawing visitors from both within and outside of the Orono. Examples include: Baker Park ReserveLNoerenberg Memorial Gardens,and the Dakota Rail and Lake Independence Regional Trails (Three Rivers Park District); The Luce Line Trail, Wolsfeld and Wood Rill SNA's, and the Maxwell Bay Access (MnDNR); 4 privately owned golf courses and country clubs, one of which is open to the general public; and 5 commercial marinas providing a total of more than 400 rental boat slips on Lake Minnetonka. A brief description of each regional facility is included in the Park, Open Space and Trail System Inventory below. City of Orono Community Management Plaa 2008-2030 Page 4E-13 CODUCIL MEtTIi:" REQUEST FOR COUNCIL ACTION ` NiA+� 0 9 201 a DATE: March 9, 2014 C1TY OF ORONO ITEM NO: � � Department Approval: Administrator Reviewed: Agenda Section: Name Adam Edwards � Public Works Director/ Title Public Works Director/City Engineer City Engineer's Report Item Description: Parks Commission Vice Chair 1. Purpose. The purpose of this action item is to gain City Council approval to create the position of Parks Commission Vice Chair and to appoint Jan Berg as the Vice Chair for 2015. 2. Background. The Parks Commission was reestablished in 2014. Currently the Commission consists of seven members one of which is designated and the Chair. The Commission feels it is important to designate one of the commissioners to take over in the absence of the Chair and to assist the Chair in the administrative tasks of the Commission. 3. Park Commission Action. At the March 2, 2015 Park Commission meeting,the Commission voted unanimously to recommend creation of the Vice Chair position and for Jan Berg to be appointed to said position for 2015. COUNCIL ACTION REQUESTED: Motion to approve establishment of a Parks Commission Vice Chair and appoint Jan Berg to the Parks Commission Vice Chair for 2015. CODUCIL MEtTI�G REQUEST FOR COUNCIL ACTION M�� 0 9 Z015 DATE: Marc1�8�,Y�4�i�RONO ITEM NO: / 9 Department Approval: Administrator Reviewed: Agenda Section: Name Adam T. Edwards �/ Public Works Director/ Title Public Works Director/City Engineer (��� City Engineer's Report Item Description: Appointment of 2015 Golf Course Employee 1. Purpose. The purpose of this action item is to gain Council approval of one seasonal employees for the Golf Course not already approved at the February, 23 2015 Council meeting 2. Compensation. The pay range is proposed to be from $8.50-$10.00 for the Clubhouse Attendants and Maintenance Assistants and a pay range of$15.00-$18.00 for the Assistant Superintendent and Clubhouse Manager. This represents a 0%increase over the 2013 pay rates. Seasonal employees are excluded from PERA membership if certain conditions exist. Employees can be hired under the maximum earnings provision which limits annual compensation to $5100 without any restrictions on the number of months worked or on a 6 month timeframe where the employees work for no more than 185 days. All 10 seasonal employees will fall under the 6 month PERA Classification. 3. Seasonal Employee Candidates. Name Position Wage Remarks �$�') Ivan Corazalla Clubhouse Mana er $16.00 Returnee Jason Goehrin Asst. Su erintendant $16.00 Returnee oDale Skreen Maintenance Assistant $10.00 Returnee � N Ed Kvam Maintenance Assistant $10.00 Returnee o N Llo de Schneider Clubhouse Assistant $10.00 Returnee � � Marshall Hambro Clubhouse Assistant $10.00 Returnee Q Sandra Locken- Clubhouse Assistant $10.00 Returnee � Rauschendorfer Paul Tolzmann Clubhouse Assistant $10.00 New Rodney Jensen Clubhouse Assistant $10.00 Returnee Requesting Susan Burns Clubhouse Assistant $10.00 Returnee a roval 4. Recommendation. Approve the hire of the seasonal employee highlighted in Table 3. COUNCIL ACTION REQUESTED: Motion to approve hiring the seasonal employee as indicated in the list above. � ^ i COUi�lCll.l�";�. -;i{v' ' MAR n � 2015 REQUEST FOR COUNCIL ACTION �CI�Y OF ORONO DATE: February 23, 2015 ITEM NO: �Q Department Approval: Administrator Reviewed: Agenda Section: Name Jessica Loftus `�p , City Administrator's Report Title City Administrator v ; Item Description: Request for Proposals (RFP) for Compensation Study 'The City Council has discussed employee compensation many times during the past two budget years. An important data point has been determining how Orono fares in the competitive marketplace. A compensation study would help us look at internal and external equity while demonstrating fiscal responsibility. A draft Request for Proposals (RFP) for a compensation study is attached for your review and comment. Please feel free to revise the attached RFP to fit the City Council's needs. In summary,the three main elements of a compensation study as proposed: 1. Job evaluation/pay equity 2. External Market Analysis 3. Compensation Structure Review The stated goal: The City recognizes the need to periodically review, analyze and update its job description classification and compensation systems, and to periodically analyze its pay equity compliance. The goal of this study is to update the City's existing job classification system, analyze the City's master salary plan to ensure continuing consistency with the market, and make a recommendation, if necessary, for implementation of any recommended changes. The study should also establish a method for determining classification of newly established positions, and an analysis of pay equity compliance. The following project components are listed: ■ Position analysis and job description updates (Verify that job descriptions are clear, concise and current.) � Position classification evaluation (Rate jobs using established factors—in a process that is thorough, consistent and fair for employees. The previous system has not been updated in nine years (2006) and no methodology was shared. Several organizational and position changes occurred during the intervening years.) ■ Establish a method for determining classification of newly established positions ■ Classification& compensation system testing for equity (Every three years,the city must issue a Pay Equity analysis to the State demonstrating that its pay system is based on the internal comparisons that are _ - , provided by a job evaluation process. Substantial monetary penalties can be assigned to cities that do not meet this requirement. ) ■ Assistance in first pay equity reporting following implementation (Next report is due Jan. 31, 2016.) ■ External market analysis for non-union employees (Union employees (patrol officers and sergeants) are excluded from the market study because those individuals negotiate their compensation in a collective bargaining environment.) ■ Compensation system structure review ■ System presentation, implementation and training The RFP could be listed on our website and mailed to this list of vendors that other cities have used quite often for conducting a compensation study: • Springsted • Fox Lawson &Associates • Arthur J. Gallagher& Company • MRA (formerly Employer's Association) • Keystone Compensation Group • Ellen Benjamin When the final report is finished, city officials will have to take some time to decide where we want to go with the information. The proposed timeline includes a project completion date in June to provide the Council time to discuss the findings during the budget cycle. COUNCIL ACTION REQUESTED: Consider a motion to approve the advertisement of the Request for Proposals(RFP) for Compensation Study. , • , , Request for Proposals Compensation Study City of Orono �o�o � �. ti � F L� !q'�F S H O�� Request for Proposals Com pensation Study Request for Bids Advertised: March 10, 2015 eid Due Date/Opening: April 8, 2015 City Council Considers Award of Bid: April 13, 2015 Project Completion Date: �une 15, 2015 For Questions Regarding these lessica Loftus, City Administrator Proposal Documents, contact: City of Orono 2750 Kelley Parkway, Orono, MN 55356 Ph. 952-249-4600 E-Mail:jloftus@ci.orono.mn.us Z � �� � � e � • � Request for Proposals , Compensation Study City of Orono NOTICE The City of Orono is seeking proposals from qualified and reputable consultants to conduct a compensation study of employment positions within the City of Orono. Sealed proposals will be received at the Orono City Hall, 2750 Kelley Parkway, Orono MN 55356, unti13:00 p.m.on Wednesday,Apri18,2015.All proposals must be sealed and marked "Orono Compensation Study Proposal." The Reyuest for Proposal documents may be obtained at www.ci.orono.mn.us or by calling at 952-249-4600. The City of Orono reserves the right to accept or reject any and all proposals and, at the discretion of the City Council,to waive minor and nonmaterial informalities or irregularities in proposals. March 9, 2015 2 � PagF Request for Proposals Compensation Study City of Orono T0: QUALIFIED CONSULTANTS Attached hereto you will find the City of Orono's Request for Proposals to provide compensation evaluation.The document contains five sections: Introduction and Overview, Elements of Proposal, Scope of Work, Proposal Sheet, and City Evaluation Worksheet. The complete proposals must be received no later than 3:00 p.m. on Wednesday,April 8, 2015 at Orono City Hall, 2750 Kelley Parkway, Orono MN 55356. We encourage you to submit a proposal. If you have questions, please feel free to contact me at 952-249-4600. Thank You, Jessica Loftus, City Administrator 3 � '� c� l, �: Request for Proposals Compensation Study City of Orono SECTION I. INTRODUCTION AND OVERVIEW REQUEST FOR PROPOSALS.The City of Orono is soliciting sealed proposals from qualified and responsible Consultants to provide a compensation evaluation for its full-time employees. Sealed proposals will be received at Orono City Hall, 2750 Kelley Parkway, Orono MN 55356, unti13:00 p.m. on Apri18,2015. All proposals must be sealed and marked "Orono Compensation Proposal." 2. BACKROUND. The City of Orono is located approximately 15 miles west of downtown Minneapolis on the north shore of Lake Minnetonka. The total area of the City is 24 square miles; land area 16 square miles,with 8 square miles of lakes. Orono's population is 7,437 based on the 2010 Census. The City employs 52 full-time employees, 3 regular part-time staff, and 5 elected officials. On an annual basis, the City also employs an average of 8 seasonal staf£ The City is organized under five primary departments:Administration, Finance, Public Works, Planning & Building, and Police. Of its regular full-time and part-time staff, 27 employees are organized into one of the following unions: • Law Enforcement Labor Services Inc. Loca140 representing patrol officers • Law Enforcement Labor Services Inc. Local 168 representing police sergeants. All collective bargaining agreements are on a 3-year contract basis and expire on December 31St, 2016. Exempt and non-exempt positions are paid on a step program, non-union administrative support/technical/public works &non-union supervisor/administrative plans. The police officer and sergeant pay plans are negotiated by contract and include longevity compensation. 3. GOALS.The City recognizes the need to periodically review,analyze and update its job description classification and compensation systems, and to periodically analyze its pay equity compliance. The goal of this study is to update the City's existing job classification system,analyze the City's master salary plan to ensure continuing consistency with the market, and make a recommendation, if necessary, for implementation of any recommended changes. The study should also establish a method for determining classification of newly established positions, and an analysis of pay equity compliance. 4. CONTENTS OF PROPOSAL DOCUMENTS. This Request for Proposals describes the information required from all Consultants and the criteria the City will use in making its decision. It also describes the contractual terms and requirements the successful Consultant will be required to conform with.Acceptable proposals must comply with the provisions under Section II: Elements of Proposal. Following the selection by the City Council of the successful Consultant, the successful Consultant will be required to enter 4 � E' �, E� � . Request for Proposals Compensation Study City of Orono into the Standardized Contract for Professional Services,which is attached hereto as Exhibit 2. The successful Consultant will also be required to comply with all of the terms and conditions of the Standard Contract prior to beginning work, including submitting appropriate Certificates of Insurance. 5. SUBMISSION OF PROPOSALS.All Consultants shall fully familiarize themselves with the City's Request for Proposals. Consultants will be deemed to acknowledge their familiarity with the entire Request for Proposals packet by virtue of submitting a proposal. In no event shall a Consultant rely on any oral interpretation or representation of City staff in preparing their proposal. 5.1 If proposals are sent by mail, it is the Consultant's sole responsibility to assure that the City receives the proposal by the date,time and at the location specified herein. 5.2 The City reserves the right to cancel this Request for Proposals or postpone the date and time for submitting proposals at any time prior to the submittal date and time. The City reserves the right prior to the date for submission of proposals to modify, in whole or part, any portion of this Request for Proposals. Each Consultant who has requested a copy of the proposal documents shall be notified in writing of any modification to the Request for Proposals by City Administrator Loftus.This Reyuest for Proposals does not obligate the City to enter into a contract for the work requested herein. Further,the City reserves the right to reject any and all proposals,to reissue a revised Request for Proposals and to waive any non-material informalities or irregularities in proposals.A non-material irregularly or informality is one where no Consultant will be prejudiced if an informality or irregularity is waived. The ability to waive an informality or irregularity lies solely with the City Council upon a finding by the Council that the waiver will not materially prejudice any Consultant. 6. CONTACTS WITH MEMBERS OF THE CITY COUNCIL. The City Council desires to make a decision which is in the best interest of the City of Orono and Orono taxpayers. In order to facilitate an objective decision and to protect the integrity of the process, no Consultant or individual on behalf of a Consultant shall contact any member of the City Council to discuss the Request for Proposals. 7. DATA PRACTICES ACT.Any proposal submitted to the City is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. 7.1 Data submitted by a business to a government entity in response to a Request for Proposals as defined in section16C.02, subdivision 11, are private or nonpublic until the proposals are opened. Once the proposals are opened,the name of the Consultant and the dollar amount specified in the response become public. All other data in the Consultant's response to a proposal are private or nonpublic data until completion of the selection process. For purposes of this S � P �, t, � Request for Proposals • Compensation Study City of Orono section, "completion of the selection process" means that the government entity has completed its evaluation and has ranked the responses.After a government entity has completed the selection process, all remaining data submitted to all Consultants are public with the exception of trade secret data as defined and classified in seciton13.37.A statement by a Consultant that submitted data are copyrighted or otherwise protected does not prevent public access to the data contained in the proposal. 7.2 If all responses to a request for proposals are rejected prior to completion of the selection process, all data, other than that made public at the proposal opening, remain private or nonpublic until a re-solicitation of proposals results in completion of the selection process or a determination is made to abandon the purchase. If the rejection occurs after the completion of the selection process, the data remain public. If a re-solicitation of proposals does not occur within one year of the proposal opening date,the remaining data becomes public. SECTION II. ELEMENTS OF PROPOSAL Section II of this Request for Proposals describes the information each proposal must contain. The format of the proposal must follow the numeric order set out below. Each proposal must address the following: 1. EXPERIENCE The Consultant should describe their experience compiling, reviewing, analyzing, developing, and presenting a job classification and compensation system that meets Federal and State classification, compensation and pay equity standards for governmental clients,together with the date of such contract, scope of work, and contract price.A Responsible Consultant is an individual or entity which has successfully managed and completed similar projects for Minnesota municipal or state agencies. Submitted Proposals shall propose a project manager for this project and include a resume of that individual's qualifications. 2. PROJECT OUTLINE. Each Consultant shall include an outline demonstrating the strategy and timeline for completion of the project.The outline shall identify the process for accomplishing completion of each component of the project. 3. SUBMISSION OF PROPOSAL AND PROPOSAL CONTENT. Each Consultant shall submit an original and nine (9) copies of its proposal. In addition to the reyuired resume, the proposal proposals shall contain the following: General Requirements a) Letter of transmittal showing the consultants name, address,telephone number and date submitted. The title sheet shall be signed by an officer of the company indicating management's approval and support of the proposal. b) Name of project manager as required above. 6 � ;% �, � . . Request for Proposals Compensation Study City of Orono c) Qualifications and references as required above. d) Outline of proposal demonstrating strategy for completion of the project. Time-Cost Section e) Proposal Sheet identifying proposed not-to-exceed project cost, including any and all labor, materials, fees, licenses, surcharges and sales tax during each of the following project components: • Position analysis and job description updates • Position classification evaluation • Classification &compensation system testing for equity • Establish a method for determining classification of newly established positions • Assistance in first pay equity reporting following implementation • External market analysis for non-union employees • Compensation system structure review • System presentation, implementation and training � Proposed project timeline by the Consultant from procurement to substantial completion. Pro.posal Format g) The proposal submission described herein shall be either comb or ring bound with partitions between sections in the following order of documents: • Transmittal Letter • Qualifications and References, including certifications • Project Outline and Timeline • Proposal Sheet 4. ALL PROPOSALS MUST BE COMPLETE. Consultants must respond fully and completely to each requirement and request for information to be considered responsive to this Request for Proposals. Failure to provide information requested in this Request for Proposals shall deem the proposal to be rejected from consideration and non-responsive. 5. QUALIFIED AND RESPONSIBLE CONSULTANT AND RESPONSIVE PROPOSAL. In order for a proposal to be considered,the Consultant must be found to be a Qualified and Responsible Consultant and the Consultant's proposal must be found to be responsive to the Request for Proposals.The term "Qualified Consultant" means the Consultant has: a) Provided the same or similar services in a satisfactory manner. Same or similar services mean that the Consultant has satisfactorily conducted similar evaluation and analysis of position classification and compensation systems of this type and magnitude for other governmental units. b) Demonstrated adequate managerial experience and capabilities of persons who will be responsible for project completion. c) Each Consultant must submit three (3) references. The references must be able to attest to the Consultants experience and capabilities. The Consultant shall provide the name, address and telephone number of each reference. If the Consultant is the lowest Consultant,the City will determine through the criteria � � �� �i ,� �� Request for Proposals . Compensation Study City of Orono set forth herein whether Consultant is a Responsible Consultant, including references. d) The Consultant must be willing to enter into and meet all the terms and conditions of the City's Standard for Professional Services attached hereto. f� Each Consultant will have met all of the terms and conditions of this Request for Proposals. SECTION III. SCOPE OF WORK The work to be completed includes providing professional services with integrative support services to update the City's existing job classification system, analyze the City's master salary plan to ensure continuing consistency with the market, and make a recommendation, if necessary, for implementation of any recommended changes. The work should also establish a method for determining classification of established positions.The scope of work shall include, but not be limited to, the following work products in order to meet the project goals: • Evaluation of existing job descriptions, including recommendations to assure compliance with ADA, FLSA, pay equity legislation,and other State and Federal requirements. • Review exempt and non-exempt status for each position. • Development of job descriptions and classification for positions. • Evaluation and analysis of each position to determine job value with recommendations for necessary revisions; • Develop classi�cation system for objective ranking of each position and the provision of internal pay equity; • Provide a wage/labor market survey for non-union employees and analysis of the City's existing master salary structure while assuring compliance with State pay eyuity compensation standards. • Provide system testing to assure compliance. • Provide implementation support and maintenance training on the system as needed. • Post contract services involving assistance with the first state pay equity report following compensation review to assure compliance. • Establish and provide concrete schedules for each of the components of the study. • Present to the City Administrator, City management staff, labor unions, and the City Council. • Provide an itemized fee schedule for work included in the scope of work and a payment plan based on completion of each of the components of the study. 8 � Page . Request for Proposals Compensation Study City of Orono SECTION IV. PROPOSAL SHEET Consultant Total Cost of Total Not to /dentify Any Hours Consultant Materials, Exceed Work not Fees Fees, Bonds, Costs Included in Taxes, or Total Cost, Surcharges, if any i an Position Analysis &Job Description U dates Position Classification Evaluation Classification& Compensation System Testing for E ui Establish a Method for Determining Classification of Newly Established Positions Assistance in First Pay Equity Re ortin External Market Analysis for Non-Union Em lo ees Compensation System Structure Review System Presentation, Implementation &Trainin TOTAL NOT TO EXCEED COST $ 9 � i� cl i' �' Request for Proposals . Compensation Study City of Orono SECTION V. CITY EVALUATION WORKSHEET SUBMITTED BY: PHONE: ADDRESS: E-Mail: 1. Determine Whether Consultant is Qualified Consultant 2. Determine Whether Complete Proposal Packet Submitted 3. Determine if submitted Project Outline and Timeline are appropriate. 4. Evaluate the Ability to Complete the Study for on-going pay equity compliance. 5. Determine Total Consultant Hours for Project and Amount of Proposal: TOTAL"NOT TO EXCEED" PROPOSAL (including Consultant hours,sales tax and additional fees and/or surcharges, if any) Number of Consultant Hours Required/Provided for Completion of Project Hours TOTAL COST � 10 � ;> �� 4 . • Request for Proposals Compensation Study City of Orono ATTACHMENT 1 -JOB POSITION TITLES BY DEPARTMENT Department Position Department Position Administration City Administrator Police Police Chief Administration City Clerk Police Deputy Chief Administration Administrative Assistant Police (4)Sergeants Police (23) Patrol Officers Finance Director of Finance Police Community Service Officer Finance Accountant Police Office Manager Finance Payroll/Utility Billing Clerk Police (2)Administrative Assistants Finance IT Technician Public Works Public Works Director/Engineer Planning& Community Development Building Director Public Works (6) Maintenance Workers Planning& Building Senior Planner Public Works Water/Sewer Supervisor Planning& Building City Planner Public Works Streets Supervisor Planning& Building Planning Assistant Planning& Building Building Official Planning& Building Administrative Assistant 11 � �' � f• - Request for Proposals • Compensation Study City of Orono ATTACHMENT 2 - STANDARD CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made on the day of . 2015,between the City of Orono, Minnesota (hereinafter "City"),whose business address is 2750 Kelley Parkway, Orono, MN 55356 and, a Minnesota corporation (hereinafter"Consultant") whose business address is The City and Consultant agree as follows: 1. Scope of Work. The Consultant agrees to provide the professional services shown in Exhibit"A" in connection with the Work. 2. Time for Performance of Services.The Consultant shall perform the services described in Exhibit A within the following timeframe unless otherwise agreed upon in writing: 3. Compensation for Services. City agrees to pay the Consultant$ for the services as described in Paragraph 1 (and Exhibit A). A. Any changes in the scope of the work which may result in the compensation due the Consultant shall require prior written approval by an authorized representative of the City or by the City Council.The City will not pay additional compensation for services that do not have prior written authorization. B. Special Consultants may be utilized by the Consultant when required by the complex or specialized nature of the Project and when authorized in writing by the City. C. City agrees to pay Consultant for extra services by the Consultant or Special Consultants when authorized in writing by the City. 4. The City agrees to provide the Consultant with the complete information concerning the Scope of the Work and to perform the following services: A. Access to the Area. Depending on the nature of the Work, Consultant may from time to time require access to public and private lands or property. As may be necessary the City shall obtain access to and make all provisions for the Consultant to enter upon public and private lands or property as required for the Consultant to perform such services necessary to complete the Work. B. Consideration of the Consultant's Work. The City shall give thorough consideration to all reports, sketches,estimates, drawings,and other documents presented by the 12 � F �+ F e - Request for Proposals Compensation Study City of Orono Consultant, and shall inform the Consultant of all decisions required of City within a reasonable time so as not to delay the work of the Consultant. C. Standards.The City shall furnish the Consultant with a copy of any standard of criteria, including but not limited to, design and construction standards they may require in the preparation of the report for the Project. D. Owner's Representative.A person shall be appointed to act as the City's representative with respect to the work to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the services provided or materials, equipment, elements and systems pertinent to the work covered by this Agreement. 5. Method of Payment. The Consultant shall submit to the City, on a monthly basis, itemized bills for professional services performed under Section 4 of this Agreement. Bills submitted shall be paid in the same manner as other claims made to the City. 6. Project Manager and Staffing. The Consultant has designated and to serve on the Project. They shall be assisted by other staff inembers as necessary to facilitate the completion of the Project in accordance with the terms established herein. Consultant may not remove or replace from the Project without the approval of the City. 7. Standard of Care.All Work performed pursuant to this Agreement shall be in accordance with the standard of care in Hennepin County, Minnesota for professional services of the like kind. 8. Audit Disclosure.The Consultant shall allow the City or its duly authorized agents reasonable access to such of the Consultant's books and records as are pertinent to all services provided under this Agreement.Any reports, information, data, etc. given to, or prepared or assembled by, the Consultant under this Agreement which the City requests to be kept confidential shall not be made available to any individual or organization without the City's prior written approval.All finished or unfinished documents, data, studies, surveys,drawings, maps, models, photographs, and reports prepared by the Consultant shall become the property of the City upon termination of this Agreement, but Consultant may retain copies of such documents as records of the services provided. 9. Term. The term of this Agreement shall be from the date of signature by the parties notwithstanding through xxx. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the terms and conditions as herein stated. 10. Termination. This Agreement may be terminated by either party by seven (7) days' written notice delivered to the other party at the address written above. Upon termination under this provision if there is no fault of the Consultant, the Consultant 13 � P , ? Request for Proposals - Compensation Study City of Orono shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however,the City terminates the Agreement because of the Consultant has failed to perform in accordance with this Agreement, no further payment shall be made to the Consultant, and the City may retain another contractor to undertake or complete the work identified in Paragraph 1. If as a result, the City incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed a maximurn Agreement amount, if any, specified under Paragraph 3,then the Consultant shall be responsible for the difference between the cost actually incurred and the Agreement amount. 11. Subcontractor. The Consultant shall not enter into subcontracts for services provided under this Agreement except as noted in the Scope of Work,without the express written consent of the City. The Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. If the Consultant fails within that time to pay the subcontractor any undisputed amount for which the Consultant has received payment by the City,the Consultant shall pay interest to the subcontractor on the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum monthly interest penalty payment for an unpaid balance of$100 or more is $10. For an unpaid balance of less than$100,the Consultant shall pay the actual interest penalty due to the subcontractor.A subcontractor who prevails in a civil action to collect interest penalties from the Consultant shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 12.Independent Consultant.At all times and for all purposes herein,the Consultant is an independent contractor and not an employee of the City. No statement herein shall be construed so as to find the Consultant an employee of the City. 13.Non-Discrimination. During the performance of this Agreement, the Consultant shall not discriminate against any employee or applicants for employment because of race, color, creed, religion, national origin, sex, and marital status, status with regard to public assistance, disability, or age. The Consultant shall post in places available to employees and applicants for employment,notices setting forth the provision of this non-discrimination clause and stating that all qualified applicants will receive consideration for employment. The Consultant shall incorporate the foregoing requirements of this paragraph in all of its subcontracts for program work,and will require all of its subcontractors for such work to incorporate such requirements in all subcontracts for program work. 14.Assignment. Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 15.Services Not Provided For. No claim for services furnished by the Consultant not specifically provided for herein shall be honored by the City. 14 � �' :, .; . _ Request for Proposals Compensation Study City of Orono 16.Severability.The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 17.Entire Agreement. The entire agreement of the parties is contained herein.This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof.Any alterations, amendments, deletions,or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 18. Compliance with Laws and Regulations. In providing services hereunder,the Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided.The Consultant and City,together with their respective agents and employees, agree to abide by the provisions of the Minnesota Data Practices Act, Minnesota Statutes Section 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13.Any violation of statutes, ordinances, rules and regulations pertaining to the services to be provided shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement. 19. Waiver.Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect,the validity of the remainder of this Agreement. 20.Indemnification. Consultant agrees to defend, indemnify and hold the City,its officers, and employees harmless from any liability, claims, damages, costs,judgments, or expenses,including reasonable attorney's fees,resulting directly or indirectly from a negligent act or omission (including without limitation professional errors or omissions) of the Consultant, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of said Consultant fully to perform, in any respect,all obligations under this Agreement. 21.Insurance. A. General Liability. During the term of this Agreement, Consultant shall maintain a general liability insurance policy with limits of at least$600,000 for each person, and each occurrence, for both personal injury and property damage. This policy shall name the City as an additional insured for the services provided under this Agreement and shall provide that the Consultant's coverage shall be the primary coverage in the event of a loss.The policy shall also insure the indemnification obligation contained in Paragraph No. 21.A certificate of insurance on the City's approved form which verifies the existence of this insurance coverage must be provided to the City before work under this Agreement is begun. 15 � Pat; r- Request for Proposals . Compensation Study City of Orono B. Worker's Compensation. The Consultant shall secure and maintain such insurance as will protect Consultant from claims under the Worker's Compensation Acts and from claims for bodily injury, death, or property damage which may arise from the performance of Consultant's services under this Agreement. C. Professional Liability Insurance.The Consultant agrees to provide to the Ciry a certificate evidencing that they have in effect,with an insurance company in good standing and authorized to do business in Minnesota, a professional liability insurance policy. Said policy shall insure payment of damage for legal liability arising out of the performance of professional services for the City, in the insured's capacity as the Consultant, if such legal liability is caused by an error, omission, or negligent act of the insured or any person or organization for which the insured is legally liable. Said policy shall provide an aggregate limit of$1,000,000. 22.RecordsAccess. The Consultant shall provide the City access to any books, documents, papers, and records which are directly pertinent to the specific contract, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this contract are closed. 23. Ownership of Documents.All plans, diagrams, analyses, reports and information generated in connection with the performance of the Agreement ("Information") shall become the property of the City. The City may use the Information for its purposes and the Contractor also may use the Information for its purposes. Reuse of the Information for the purposes of the project contemplated by this Agreement ("Project") does not relieve any liability on the part of the Contractor, but any reuse of the Information by the City or the Contractor beyond the scope of the Project is without liability to the other, and the party reusing the Information agrees to defend and indemnify the other from any claims or liability resulting there from. 24. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota. Executed as of the day and year first written above. City of Orono Mayor City Administrator FIRM NAME By: Its: 16 � 1' � ,' � COUNCiI.MEC�"'� REQUEST FOR COUNCIL ACTION �AR 0 9 2U�,� DATE: March 9, 2(�����RONO ITEM NO: �/ Department Approval:� Administrator Reviewed: Agenda Section: Name Ron Olson Title Finance Directo City Administrator's Report Item Description: Orono Police Garage - Pay Request#6 Attachments: Kraus Anderson, the Construction Manager for the garage project, has submitted pay request number six on behalf of the contractors working on the project. The pay request is for $34,417.31. Including this pay request, a total of $2,286,564.01 (83%) of the $2,740,698.00 contract has been paid. The contractors and amounts are as follows: Acoustic Associates $ 8,265.00 Kellin on Construction $ 1,018.40 LSI Co of America $ 3,019.10 Minnetonka Plumbin $ 8,174.75 RTL Construction $ 7,589.55 Summit Fire Protection $ 1,507.41 Su erior aintin & Decoratin $ 4,843.10 Total $ 34,417.31 COUNCIL ACTION REQUESTED: Motion to approve the payments to the contractors working on the Orono Police Gazage Project as listed in an amount totaling $34,417.31. Kraus-Anderson� Construction Company TRANSMITTAL 8625 Rendova Street N.E., P.O. Box 158 Phone: (763)786-7711 Circle Pines,MN 55014 Fax: (763)786-2650 PROJECT: City Of Orono Police Dept. DATE: 2/27/14 Remodel & Expansion 2730 Kelley Parkway Orono, MN 55356 REF: Pay Application PROJ. #: 90447 TO: City of Orono CC: 2750 Kelley Parkway R�CE���� Orono, MN 55356 ATTN: Jessica Loftus e.',� � 2 20 15 CITY C�� ���`�a�O WE ARE SENDING: SUBMITTED FOR: ACTION TAKEN: ❑ Shop Drawings ❑ Approval ❑ Approved as Submitted ❑ Letter ❑ Your Use ❑ Approved as Noted � Prints ❑ As Requested ❑ Returned After Loan ❑ Change Order ❑ Review and Comment ❑ Rejected/Resubmit ❑ Plans SENT VIA: ❑ Submit ❑ Samples � Attached: UPS Ground ❑ Returned ❑ Specifications ❑ Separate Cover: ❑ Returned for Corrections � Other: Payment Applications ❑ Fax Pages, Including Transmittal ❑ Due Date: COPIES DATE NUMBER DESCRIPTION 1 1/31/15 6 City of Orono Police Station— Pay Application#6 Remarks: Submitted for payment. Signed: Karen Melander, Proiect Accountant _ . . � , RELt��C� PROJECT APPLICATION AND PRO.IECT CERTIFICATE FOR PAYMENT FEB 2 6 2015 - AIA DOCUMENT G722/CMa N� PAGE ONE OF FIVE PAGES TO OWNER: PROJECT: APPLICATION NO: CIeCLE PI�IE istribution to: City of Orono City of Orono Police Department PERIOD TO: Ol/31/15 �OWNER 2750 Kelley Parkway Remodel&Ezpansion PROJECT NO: 90447 ��CONSTRUCTION Orono,MN 55356 2730 Kelley Parkway MANAGER Orono,MN 55356 ��ARCHITECT �� ATTENTION: Jessica Loftus PROJECT APPLICATION FOR PAYMENT PROJECT CERTIFICATE FOR PAYMENT Application is made for Payment,as shown below,in connection with the Project. In accordance with the Contract Documents,based on on-site observadons and the data Project Application Summary,AIA Document G723/CMa,is attached. comprising ttris Application,the Conshuction Manager and Architect certify to the Owner that to the best of their knowledge,information and belief the Work has progressed as indicated,the quality of the Work is in accordance with the Contract 1. TOTAL CONTRACT SiJMS(Item A Totals) $ 2,625,049.00 Documents,and the Contractors are entitled to payment of the AMOiJNT CERTIFIED. 2. Total Net Changes by Change Orders $ 115,649.00 (Item B Totals) 3. TOTAL CONTRACT SUM TO DATE(Item C Totals) $ 2,740,698.00 4. TOTAL COMPLET'ED 8c STORED TO DATE $ 2,406,909.50 (Item F Totals) 5. RETAINAGE(Item H Totals) $ 120,345.49 6. LESS PREVIOUS TOTAL PAYMENTS $ 2,252,146.70 (Item I Totals) 7. CURRENT PAYMENT DUE(Item J Totals) $�� h TOTAL OF AMOUNTS CERTTFIED $ 34,417.31 The undersigned Construction Manager certifies that to the best of the Construction CONSTRU ON GE • us-Anderson Construction Company Manager's knowledge,information and belief of this Project Application for Payment e� is an accurate compilation of the Contractors'Applications for Payment,attached hereto. By: Date: 02/1 1 � CONSTRUCTTON MANA�jF.� CT:S 6itects,Inc. � ' By� �,= d, �.. Date: 02/10/1� By: � Date: �� .�.., State of: Minnesota ,j,+��" '��� KAREN A. MEI.ANDER This Certificate is not negotiable. The AMOUNTS CERTIFIIED are payable only to the County of: Anoka Contractors named in AIA Document G723/CM attached. Issuance,payment and � �e,� Notary Public-Minnesota a, Subscribed and swom to before '°t;;;„.' My Commisswn Expires Jan 31,zoi s acceptance of payment are without prejudice to any rights of the Owner or the me flus lOth day o February,2015 Contractors under their Contracts. Notary Publia �l �1� � �y� My Commission exp res: January 31,2019 AIA DOCUMENT G702lCMa•APPLICATION AND CERTIFICATIQN FOR PAYMENT•CONSTRUCTION MANAGER-ADVISER EDITION•1992 EDITION AIA �1992 G722/CMa-1992 THE AMERICAN INSTITUTE OF ARCHITECTS,1745 NEW YORK AVE,N.W.,WASHINGTON,DC 20006-5292 Users may obtain validallon of this document by requesting of the license a completed AIA Document D401 -Certification of DocumenYs Authenticity PROJECT APPLICATION SUMMARY AIA Document G723/CMa PAGE TWO OF FIVE PAGES A separate AIA Document G702/CMa,APPLICATION AND CERTIFICATE APPLICATION NO: Six FOR PAYMENT,for each Contractor's signed Certification is attached. APPLICATION DATE: 2/1/2015 PERIOD FROM: 1/1/2015 City of Orono Police Department Remode[&Expansion TO: 1/31/2015 PROJECT NOS: 90447 In tabulations below,amounts aze stated to the nearest dollar. CONTRACTOR'S AcousNc Associates Envision Glass Grazzini Brothers& Kelleher Construction TOTALS PROJECT NAME Com an THIS TOTALS PORTION OF Acoustical Ceilings Glass&Glazing Resilient Flooring/Carpet Concrete/Masonry PAGE WORK WS 09-C WS O8-A WS 09-D WS 03-A A ORIGINAL CON1'RACT SUM $8,700.00 $42,498.00 $16,605.00 $430,421.00 5498,224.00 $2,625,049.00 B NET CHANGE ORDERS TO DATE $0.00 $0.00 $13,920.00 $1,624.0 $15,544.00 $115,649.00 C CONTRACT SUM TO DATE $8,700.00 $42,498.00 $30,525.00 $432,045.00 $513,768.00 $2,740,698.00 D WORK IN PLACE TO DATE $8,700.00 $5,350.00 $30,525.0 $408,723.00 $453,298.00 $2,406,909.50 E STORED MATERIALS (Not in D or I) $0.00 $0.0 $0.0 $0.00 $0.00 $0.00 F TOTAL COMPLETED& STORED TO DATE(D+E) $8,700.00 $5,350.0 $30,525.00 $408,723.00 $453,298.00 $2,406,909.50 G RETAINAGE PERCENTAGE 5% 5°/ 5% 5°/ 5% 5% H RETAINAGE AM��T $435.00 $267.50 $1,526.25 $20,436.15 $22,664.90 $120,345.49 I PREVIOUS PAYMENTS $0.0 $5,082.50 $28,998.75 $388,286.85 $422,368.10 $2,252,146.70 J CURRENT PAYMENT DUE (F-H-I $8,265.0 $0.00 $0.00 $0.00 $8,265.00 $34,417.31 K BALANCE TO FINISH (C-F) $0.00 $37,148.0 $0.00 $23,322.00 $60,470.00 $333,788.50 L PERCENT COMPLETE �F�) 100°/ 13°/ 100% 95°/ 88% 88% AIA DOCUMENT G723/CMa•PROJECT APPLICATION SUMMARY•1991 EDITION�AN 07991 G723/CMa-1991 THE AMERICAN INSTITUTE OF ARCHRECT3,7735 NEW YORK,AVE.,N.W.,WASHINGTON,D C.20W6�5209 Users may obtain validation of this document by requesting of the Iicense a completed AIA Document D407 -Certification of DocumenYs Authenticity � • � PROJECT APPLICATION SUMMARY AIA Document G723/CMa PAGE TFiREE OF FIVE PAGES A separate AIA Document G702/CMa,APPLICATION AND CERTIFICATE APPLICATION NO: Six FOR PAYMENT,far each Contractor's signed Certification is attached. APPLICATION DAT'E: 2/1/2015 PERIOD FROM: 1/1/2015 TO: 1/31/2015 PROJECT NOS: 90447 In tabulations below,amounts are stated to the nearest dollar. CONTRACTOR'S Kellington Construction Lampert Commercial LSI Corp of America Ma�Steel Erectors Midwest Fence&Manuf TOTALS NAME Construction 1.HIS PORTION OF Demolition/Carpentry Metal Building System Plastic Laminate Cswrk Structural Steel Erection Fencing PAGE WORK WS 06-A WS 13-A WS 12-A WS OS-B WS 32-A A ORIGINAL CON1'RACT SUM $198,250.0 $315,195.00 $29,720.00 $14,750.00 $29,900.00 $587,815.00 B NET CHANGE ORDERS TO DATE ($1,362.00) $0.00 $205.00 $0.00 $0.0 ($1,157.00) C CONTRACT SUM TO DATE $196,888.00 $315,195.0 $29,925.0 $14,750.00 $29,900.00 $586,658.00 D WORK IN PLACE TO DATE $196,830.0 $306,605.0 $29,925.00 $14,750.0 $29,900.00 $578,010.00 E STORED MATERIALS (Not in D or I) $0.00 $0.00 $0.00 $0.0 $0.00 $0.00 F TOTAL COMPLETED& STORED TO DATE D+E) $196,830.00 $306,605.00 $29,925.00 $14,750.00 $29,900.00 $578,010.00 G RETAINAGE PERCENTAGE 5°/ 5% 5°/ 5°/ 5°/ 5% H RETAINAGE AM��T $9,841.5 $15,330.25 $1,496.25 $737.50 $1,495.00 $28,900.50 I PREVIOUS PAYMENTS $185,970.10 $291,274.75 $25,409.65 $14,012.50 $28,405.00 $545,072.00 J CURRENT PAYMENT DUE F-H-I $1,018.40 $0.00 $3,019.10 $0.00 $0.00 $4,037.50 K BALANCE TO FINISH (C-F) $58.00 $8,590.0 $0.00 $0.00 $0.00 $8,648.00 L PERCENT COMPLETE �F�) 100°/ 97°/ 100% 100°/ 100% 99% AIA DOCUMENT G723/CMa PROJECT APPLICATION SUMMARY 1991 EDRION�AIA 01991 G723/CMa-1991 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK,AVE.,N.W.,WASHINGTON,D.C.20006-5209 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 -Certification of Document's Authenticity " . � PROJECT APPLICATION SUMMARY AIA Document G723/CMa PAGE FOUR OF FIVE PAGES A separate AIA Document G702/CMa,APPLICATION AND CERTTFICATE APPLICATION NO: Six FOR PAYMENT,for each Contractor's signed Certification is attached. APPLICAT'ION DATE: 2/1/2015 PERIOD FROM: 1/1/2015 TO: 1/31/2015 PROJECT NOS: 90447 In tabulations below,amounts are stated to the nearest dollar. CONTRACTOR'S Minnesota Utilities& Minnetoaka Plumbing Palmer West Construction RTL Construction Sierra Metals,Inc. TOTALS NAME EacavaNn THIS PORTION OF Earthwork/[ltilities Plumbing Roofing Drywall Struct Steel/Misc Metals PAGE WORK WS 31-A WS 22-A WS 07-A WS 09-A WS05-A A ORIGINAL CONTRACT SUM $563,822.00 $380,300.00 $48,400.00 $110,900.0 $35,072.00 $1,138,494.00 B NET CHANGE ORDERS TO DAT'E $66,715.00 $1,159.0 $0.00 $7,989.0 $876.00 576,739.00 C CONTRACT SUM TO DATE $630,537.0 $381,459.00 $48,400.00 $118,889.00 $35,948.00 51,215,233.00 D WORK IN PLACE TODATE $606,427.00 $381,459.00 $0.0 $118,889.00 $35,924.0 $1,142,699.00 E STORED MATERIALS (Not in D or I) $0.00 $0.0 $0.00 $0.00 $0.00 $0.00 F TOTAL COMPLETED& STORED TO DATE(D+E) $606,427.00 $381,459.00 $0.0 $118,889.00 $35,924.00 $1,142,699.00 G RETAINAGE PERCENTAGE 5°/ 5°/ 5°/ 5°/ 5% 5% H RETAINAGE AMOIJNT $30,32135 $19,072.95 $0.00 $5,944.45 $1,796.20 $57,134.95 I PREVIOUS PAYMENTS $576,105.65 $354,211.30 $0.00 $105,355.00 $34,127.80 $1,069,799.75 J CURRENT PAYMENT DUE F-H-I $0.00 $8,174.75 $0.00 $7,589.55 $0.00 $15,764.30 K BALANCE TO FINISH (C-F) $24,110.00 $0.0 $48,400.00 $0.00 $24.00 $72,534.00 L PERCENT COMPLETE �F�� 96°/ 100°/ 0°/ 100°/ 100°/ 94% AIA DOCUMENT G723/CMa•PRQIECT APPLICATION SUMMARY•1991 EDITION�AIA 01991 G723/CMa-1991 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK,AVE,N W.,WASHINGTON,D.C.2000&5209 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 -Certification of DocumenYs Authenticity ` . � PROJECT APPLICATION SUMMARY AIA Document G723/CMa PAGE FIVE OF FIVE PAGES � A sepazate AIA Document G702/CMa,APPLICA'TION AND CERTIFICAT'E APPLICATION NO: Six FOR PAYMENT,for each Contractor's signed Certification is attached. APPLICATION DATE: 2/1/2015 PERIOD FROM: 1/1/2015 TO: 1/31/2015 In tabulations below,amounts are stated to the nearest dollar. PROJECT NOS: 90447 CONTRACTOR'S Sterling Electric Summit Companies Superior Painting& WTG Terrazzo&Tile TOTALS N� Decoradn THIS PORTION OF Electric Fire Protection Painting/Wall Coveriag Tile PAGE W�� WS 26-A WS 21-A WS 09-E WS 09-B A ORIGINAL . CONTRACT SUM $309,890.00 $28,850.00 $21,701.00 $40,075.00 B NET CHANGE $0.00 $400,516.00 ORDERS TO DATE $23,250.00 $0.00 $648.00 $625.00 $0.00 $24,523.00 C CONTRACT SUM TO DATE $333,140.00 $28,850.00 $22,349.00 $40,700.00 $0.0 $425,039.00 D WORK IN PLACE TO DATE $141,003.5 $28,850.00 $22,349.0 $40,700.00 $0.00 $232,902.50 E STORED MATERIALS (Not in D or I) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 F TOTAL COMPLETED& STORED TO DATE(D+E) $141,003.50 $28,850.00 $22,349.00 $40,700.00 $0.00 $232,902.50 G RETAINAGE PERCENTAGE o H RETAINAGE 5/ 5�/ 5�� 5�� �°� 5% '°'MO�T $7,050.18 $1,442.51 I PREVIOUS $1,117.45 $2,035.00 $0.00 $11,645.14 PAYMENTS $133,953.32 $25,900.08 $16,388.45 $38,665.0 $0.00 $214,906.85 J CURRENT PAYMENT DUE (F-H-I $0.00 $1,507.41 $4,843.10 $0.00 $0.00 $6,350.51 K BALANCE TO FII�TISH (C-F) $192,136.5 $0.00 $0.0 $0.00 $0.00 $192,136.50 L PERCENT COMPLETE �F�� 42°/ 100% 100°/ 100°/ o AIA DOCUMENT G723/CMa•PR0.IECT APPLICATION 8UMMARY 1991 EDITION�AIA 01991 55/o THE AMERICAN INSTITUTE OF ARCHITECT3,1735 NEW YORK,AVE.,N.W,WASHINGTON,D.C.20008-5209 G723/CMa-1991 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 -Certification of Document's Authenticity ,. � i� �= � Document G732 TM - Z009 � Ap�l�a#ion and Certi�cate for Payment, Construction Manager as Adviser Fdifion � TCIIY DF�ONO Pd1�61��TF�OLICE DEPARTMENT REMODEL APPLICATION N0: DISTRIBUTION T0: 2750 KELLEY PARKWAY 2730 KELLEY PARKWAY OWNER ORONO,MN 55356 ORONO,MN PERIODTO: 12�����4 CONSTRUCTION MANAGER FROM ACpUSTICS ASSOCIATES,iNc �►CO����1 CONTRACT�ATE: o�nsno�a ARCHITECT CONTRACTOR: 1250 ZANE AVE N MANAGER: ANDER50N CONSTRUCTION p��CT NOS: / / CONTRACTOR 8625 NE RENDOVA ST CIl�CLE PINES,M �� MINNEAPOLIS,MN 55422 FIELD CONTRACT FOR: ACOUSTICAL CEILINGS y�p ARCHITECT: OTHER CONTRACTOR'S APPLtCATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information and belief the Work covered by this Application for Payment has been completed in accordance with the Application is made for payment,as shown below,in connection with the Contract. Contract Documents,that all amounts have been paid by the Contractor for Work for which previous AIA Document G703''M,Continuation Sheet,is attached. Certificates for Payment were issued and payments received from the Owner,and that current payment 1.ORIGINAL CONTRACT SUM............................................................$ 8,700.00 shown herein is now due. 2.NET CHANGES IN THE WORK..........................................................$ 0.00 CONT CTOR: ACOUSTICS ASSOCIATES,INC 3.CONTRACT SUM TO DATE(Line I f 2) ............................................. $ 8,700.00 By: � � Date: � —a'�s 4.TOTAL COMPLETED AND STORED TO DAT@(Caiumn G on G703)..............$ 8,700.00 State of: TA 5.RETAINAGE: County of: HENNEPIN � ■ a.5.00 %of Completed Work Subscribed and swom to be re SHARON JANUSZEWSKI (Column D+E on G703) $ 435.00 me this � day of NOTARY PUBLIC-MINNESOTA b.0.00 %of Stored Material Notary Public: ' My CortrNssion ExpN�Jan.31,2018 (Column F on G703) $ 0.00 My Commission expites: •1aNUARY 3"r, � Total Ret�i�nage(Lines Sa+Sb,or Total in Column I on G703)...................$ 435.00 CERTIFtCATE F�t2 PAYMEI�T 6.TOTAL EARNED LESS RETAINAGE................................................... $g,265.00 In accordance with the Contract Documents,based on evaluations of the W�k and the data comprising (Line 4 minus Line S Total) this application,the Construction Manager and Arcltitect certify to the Owner that to the best of their 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT.................................... 0.00 knowledge,information and belief the Wotk has progressed as indicated,the qnality of the Work is in (Line 6 from prior Certifzcate) accotdance with the Contract Documents,and the Contractor is entitled to payment of the AMOLTNT 8.CURRENT PAYMENT DUE..............................................................$8,265.00 �RTIFIED. 9.BALRNCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFlED.......................................................$ ���p� (Attach explanation if amount certified d�ers fro�the amount apptied.Initial adl ftgures on this (Line 3 minus Line 6) $ 435.00 Application and on the Contirruation Sheet that are changed to conform with the amount cert�ed.) CONSTRU MANAGER: By: Date: 2 2 /� SiJMMAR'�'OF CHANGES IN THE WORK ADDTTiONS DEDUCT'IONS ARCH ECT;(NO?`E:If iVlultiple Prime Contractors are responsible for e o ing portiorrs of the Total c es a roved in iot�,s months b Owner $ 0.00 $ 0.00 Pr ect r ' ' ,'fication is not reguired.) Total appioved this month,including Construction p_� 0.00 BY� Date: � Chan e Directives $ $ This Certificate is ot egotiable.The AMOLtNT CERTIFIED is payab e on to the Conlxactor nanied TOTALS $ • $ • herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Own�r NET CIiANf,rES IA1 THE WORK $ 0.00 or Contractor under ttcis Contract. CAUTION:You should sign an original AIA Contract Document;on which this text appears in RED.An original assures that changes will not be obscured. — - AIA DocumeM G732^"—2009(fortneNy G702'�CMa—1992).Copyright�1992 and 2009 by The American Instkute of Archrtects.All rights reserved.WARNING:This AIA�Dxument is protected by U.S.Copyright Law and Intematiqr�f�Treat(es.Unauthorized reproduction or disMbution of this AIA�Document,or any portion of it,may resutt in severe eivil and criminal pe�alties,and wfll be prosecuted to the maximum e�ctent possible under the taw.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright�a�a.org. � � , v -�� = � Document G732 TM — 2009 Instruc�ions t ��ication and Certi�cate for Payment, Construction Manager as Adviser Edition ��NERAL INFORMATION P�ose.AIA Document G732T�2009,Application and Certificate for Payment,Construction Manager as Adviser Edition,is to be u¢�d in conjunction with AIA Document G703T"�-1992,Continuation Sheet.These documents aze designed to be used on a Project v�+here a Construction Manager is employed as an adviser to the Owner,but not as a constructor.Procedures for their use are covered in AIA Document A232T�2009,General Conditions of the Contract for Construction,Construction Manager as Adviser Edition. Related Documents.AIA Document G703-1992. Use of Current Docaments,Prior to using any AIA Contract Document,users should consult www.aia.org or a local AIq component to verify the most recent edition. Reproductions.Tl�is docnment is a copyrighted work and may not be reproduced or excerpted&om without the express written �ermission of the AIA.'�1�ere is no implied permission to reproduce this dceument,nor dces membership in The American Insritute of • �'��it�tS confer�uy ftuther�ts to reproduce this document.The AIA hereby grants che purchaser a limited licensa to reproduce a �ax��run�tm nP•ten c�pics of a C�tnpleted G732-2009,but only for use in connection with a particWar project.The A1A will not permit �epr�dR�tton o� of the$�ited license for reproduction granted above,except upon written request and receipt of written ° pet'tt�issi n fro�AIt�,� to reproduce the document may vary for users of AIA software.Licensed AIA software users should ` �e Et1Q�tJser Li� greement(EULA).To report copyright violations of AIA Contract Documents,e-mail The American � �� of Arq�ects'1 '� �counsel,copyright@aia.org. . Gfi12�b09 � the�'c►ntract�'has completed AIA Document G703,Continuation Sheet,summary information should be transfetred to AIp UBcwxi�At G732���p9,A tion and Certificate for Payment,Construction Manager as Adviser Edition.The Contractor should sig►�"7i �l,have.'it�3ntariz��d submit it,together with G703,to the Construction Manager and Architect.The Construction Manager and qrchitect sttquld�revie�G732 and G703 and,if they are acceptable,complete the Certificate for Payment on G732.The � _ ction tV�ana,g�r and chitect may certify a different amount than that applied for pursuant to Sections 9.5 and 9.6 of ' ._2009.T�iey should then initial all figures on G732 and G703 that have been changed to conform to the amount certified and , , }y aci explan�iqn.T'he isampleted G732 and G703 should be forwarded to the Owner. � �raN��ra� This it�foi�natioa�should be completed to be consistent with similar information on AIA Document G732-2009,Application , ali� , 'ficate for payment,Construcrion Manager as Adviser Edition. C�i�s A,B and C.These columns should be completed by identifyin the various ya� �consisteni u�the scbedule of yai�es submitted at the commencement of the Pro'�ectlor as sube�oject and their scheduled ) sequently adjusted.The bi'eakdown may be by sections of the Wo'rk or by Subcontractors and should remain consistent tluoughout the Project.IViultiple pages shotui��e used when required. . Col�p C.',.S�hi�itl�be subtqtaled at the bottom when more than one page is used and tota(ed on the last page.Initially,this total shpuld equa��a�iginal C�ntract Sum.The total of column C mtty be adjusted by Change Orders during the Project. G.w*o��461d D.Ent�r in this colwnn ihe antauut of completed worK covered by the previous application(columns D 8c E from the previous aRp1#�ation).Values from col�mn F eMaterials Presently Storeci�&om the previous application should not be entered in this ca�umn, Colt�n E.Enter here tlie va�ue of�VVork completed at the time bf this application,including the value of materials incorporated into the project which were listed on the previous application unde�.lviaterials Presendy Stored(column F). Column F.�'nter here the value of Materials Presently Stored for which payment is sought.The total of the column must be recalculated at the end of e�ctt pay period.T'his value covers'�wth materials newly stored for which payment is sought and materials previously stored which are not yet incorporated into the Prpject.Mere payment by the Owner for stored materials dces not result in a deduction&om tius column.Oniy as materials are incorporated into the Project is their value deducted from this column and incorporated into column E(Work Completed-Tlus Period). Column G.Enter here the total of columns D,E and F.Calculate the percentage completed by dividing column G by column C. Column H.Enter here the dif�'erence between column C(Scheduled Value)and column G(Total Completed and Stored to Date). Column I.This column is normally used only for contracts where variable retainage is permitted on a line-item basis.lt need not be completed on projects where a constant retainage is withheld from the overall contract amount. Change Orders and Construction C6ange Directives.T'he amount of the original contract,adjusted by Change Ordets and amounts authorized for Construction Change Directives as reflected in line 2,is to be entered on line 3 of the G732,form. MAKING PAl�MENT The Owner should make payment directly to the Contractor based on the amount certified by the Construction Manager and Architect an AIA Document G732-2009,Application and Certificate for Payment,Consrtruction Manager as Adviser Edition.The completed form contains the name and address of the Contractor.Payment should not be made to any other party unless specifically indicated on G732. W�AIA Document G732"'—2008(formerly G702TMCMa—1992).Copyrfght�1992 and 2009 by The American Institute of ArchfteCts.AIi ryghta resened. NING:This AIA�Document Is protected by U.S.Copyright Law and Intemational Treatles.UnauthoHzsd reproduction or disUlbution of this AIA Document,or any portion of it,may result in severe civil and criminal penaltles,and will be prosecuted to Me maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this documeM when completed.To report copyright violations of AIA ConVact Documents,e-mail The American Institute of Architects'legal counsel,copyright(a3aia cxg. CONTIAIUATION PAGE Page 2 of 2 • PROJECT: ORONO POLICE DEPARTMENT REMODE APPLICATION#: 1 � ORONO POLICE DEPARTMENT REMODEL DATE OF APPLICATION: 01/02/2015 Payment Application containing Contractors signature is attached. PERIOD THRU: 12/31/2014 PROJECT#s: 90447 A B C D E F G H I COMPLETED WORK STORED TOTAL % BALANCE ITEM# WORK DESCRIPTION SCHEDULED MATERIALS COMPLETED AND COMP. TO RETAINAGE AMOUNT AMOUNT AMOUNT PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G/C) COMPLETION (�f Variable) PERIODS (D+E+F) (C-G) 01 FURNISH&INSTALL $8,700.00 $0.00 $8,700.00 $0.00 $8,700.00 100% $0.00 ACOUSTICAL CEILINGS • TOTALS $8,700.00 $0.00 $8,700.00 $0.00 $8,700.00 100% $0.00 CONTINUATION PAGE Quantum Software Solutions,Inc.Document . ` � =:�::: D TM _ �i����,��� ocument G732 2009 Applicafion and Certificate for Payment, Construcfion Manager as Adviser Edifion � �.���. ;' :' ::� �,�� � TO OWNER: City of Orono PROJECT: Orono Police Dept. APPLICATION N0: 05 Five DISTRIBUTION T0; 2730 Kelley Parkway KRAUS-ANQ��SON� OWNER Orono, MN 55356 PERIOD T0: TION MANAGER FROM VIA CONSTRUCTION CONTRACT QATE: 1/31/201����� ARCHITECT CONTRACTOR: Kellington Construction, inc. �ANAGER: Kraus Anderson PROJECT NOS: / / CONTRACTOR 2301 North 2nd Street FIELD CONTRACT FOR: Minneapolis MN 55411 VIA ARCHITECT: 5KU Architects OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information and belief the Work covered by this Application for Payment has been completed in accordance with the Application is made for pay�nent,as shown below,in connection with the Contract. Contract Documents,that all amounts have been paid by the Contractor for Work for which previous • A[A Document G703TM,Continuation Sheet,is attached. Certificates for Pa ent were issued and a Ym p yments received from the Owner,and that current payment 1.ORIGINAL CONTRACT SUM............................................................$ shown herein is now due. 2.NET CHANGES IN THE WORK..........................................................$ ' CONT OR: 3.CONTRACT SUM TO DATE G;ne 1 f 1 . . , K��Ili�gtQp Construction, Inc. ( ) ............................................. $ By: � G���i �+C.�` Date: 4.TOTAL COMPLETED AND STORED TO DATE(Column G on C703)..............$ ' � State of: 1-l�3f=91� 5,RETAINAGE: , . Minnesota County of: a. %of Com leted Work �IP�,nnepin ----5— � Subscribed avd sworn to e ore + BARBARA J.NYSiROM (Column D+E nn G703) $ '� 9 8�11 50 me this 23 day of �a � a''� Notary Public b.�_"/o of Storecl Material � Notary Public: State of Minnesota (ColumnFon G703) $ � .� MY Commission Expirea &g�_ M Commission ex ires: + JC11Yary 81 ZOl A Total Retainage(Line,r Sa+56,orTotal in Column I on G703)...................$ o Qd, �� CERTIFICATE FOR PAYMENT 6.TOTAL EARNED LESS RETAINAGE................................................... $ In accordance with the Contract Documents,based on evaluations of the Work and the data comprising (Lir�e 4 minus Line S Total) ' ' this application,the Construction Manager and Architect certify to the Owner that to the best of their 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT.................................... lcnowledge,information and belief the Work has progressed as indicated,the quality of the Work is in (Lir�e 6from prior Certificate) � • accordance with the Contract Documents,and the Contractor is entitled to plyment of the AMOUNT 8.CURRENT PAYMENT DUE................... . ........................................$ �ERTiFiED. �� 9.BALANCE TO FINISH,INCLUDING RETAINAGE ' � AMOUNT CERTIFIED... '� ....................................................$ ��l� (Attach expinnntion if nmortnt certified dtffers fi•nm the nmount applied.Inrtial a(!,flg�n•es o�r tl:is (Line 3 mtnus Line 6) $ g,899.50 Application and n the Contimrntion Sheet that are chnnged to con/'orm with the amoaent cerltfied) CONSTRU 0 . BY� Date: Z �s� SIJMMARY OF CHANGGS IN THE WORK ADDITIONS DEDUCTIONS ARC :(NOTE:IfMultiple Prime Contractors nre responsible forperforntr g portiorts of the Total chan es a roved in revious months b Owner $ $ _ Pr er� if:cation is nol required) Total approved this month,including Construction By: Date: � 7� Change Directives � 1,500.14 � -2,059.14 This Certificate is n t ne tiable.The AMOUNT CERTIFIED is payable only t the Contractor nnmed TOTALS $ $ herein.lssuance,payment and acceptance of payment 1re without prejudice to any ri�hts of tl�e Owner NGT CHANGES IN THE WORK $ _ or Contractor under this Contract. CAUTION:You shou�d sign an original AIA Contract Document,on whlch this text appears in RED.An oriflinal assures that changes will not be obscured. AIA Document G732T'"—2009(formerly G702T"'CMa—1992).Copyright�1992 and 2009 by The American Institute of Architects All rlghts reserved.WARNING:This AIAPO Document is protected by U.S.Copyright Law and tnternational Treaties.Unauthorized reproductfon or distribution of thls AIA�Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Instltute of Architects'legal counsel,copynght@aia org. • \� � TM :.�'i�i =•-- Document G703 - 1992 Continuation Sheet AIA Document G702T^�1992,Application and Certificate for Payment,or G732TM-2009, APPLICATION N0: Iv2 Application and Certi ficAte for Payment,Construction Manager as Adviser Edition, 1/23/2015 containing Contractor's signed certification is attached. APPLICATION DATE: In tabulations below,amounts are in US dollars. PERIOD T0: 1/31/2015 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT N0: A B C D E F G H I WORK CUMPLF.TED ITEM SCHEDULED MATERIALS TOTAL DESCRIPTION OF WORK FROMPREVIOUS PRESENTLY COMPLETEDAND o�a BALANCE TO RETAINAGE NO. VALUE STORED STORED TO DATE FINISH APPLICATTON TH[S PER10D (G-C') �C_G� (/f'rn�•rnble rate) (D+E) (Not in D o�•E) (D+C+p) 01 Bond $ 2,855.00 $ 2,855.00 $ - 2,855.0 10 0 . 0 02 Architectural Woodwork $ 58,860.00 $ 58,860.00 $ - $58,860.0 100% $0.00 $2,943.00 03 Joint Sealers $ 3,240.00 $ 3,240.00 $ $3,240.0 100% $0.00 $162.00 04 Doors, Frames, Hardware $ 29,300.00 $ 29,300.00 $ - $29,300.0 100% $0.00 $1,465.00 05 Sectional overhead doors $ 3,325.00 $ 3,325.00 $ - $3,325.0 100% $0.00 $166.25 06 Louvers $ 3,595.00 $ 3,595.00 $ - $3,595.0 100% $0.00 $179.75 07 Toilet Compartments $ 1,740.00 $ 1,740.00 $ - $1,740.0 100% $0.00 $87.00 08 Toilet Accessories $ 3,000.00 $ 3,000.00 $ - $3,000.0 100% $0.00 $150.00 09 Fire Extinguishers $ 720.00 $ 720.00 $ - $720.0 100% $0.00 $36.00 10 Entrance Mats $ 2,160.00 $ 2,160.00 $ - $2,160.0 100% $0.00 $108.00 11 Selective Demo Gen. Con. $ 8,480.00 $ 8,480.00 $ - $8,480.0 100% $0.00 $424.00 12 Selective Demo- Labor $ 31,670.00 $ 31,670.00 $ - $31,670.0 100% $0.00 $1,583.50 13 Allowance $ 3,000.00 $ 1,311.00 $ 1,631.0 $2,942.0 98°/a $58.00 $147.10 14 Carpentry-Gen. Con. $ 9,145.00 $ 9,145.00 $ - $9,145.0 100% $0.00 $457.25 15 Rough Carpentry L&M $ 19,585.00 $ 19,585.00 $ - $19,585.0 100% $0.00 $979.25 16 Finish Carpentry $ 8,650.00 $ 8,650.00 $ - $8,650.0 100% $0.00 $432.50 17 Doors- Labor $ 4,905.00 $ 4,905.00 $ - $4,905.0 100% $0.00 $245.25 18 Louvers- Labor $ 620.00 $ 620.00 $ - $620.0 100% $0.00 $31.00 19 Specialties- Labor $ 3,400.00 $ 3,400.00 $ - $3,400.0 100% $0.00 $170.00 20 Change Order 1A $ (654.00) $ (654.00 $ - -$654.0 100% $0.00 -$32.70 21 Change Order 1 B $ (149.00) $ (149.00 $ - -$149.0 100% $0.00 -$7.45 23 Change Order 3 $ (559.00) $ - $ (559.0 ) -$559.0 100% $0.00 -$27.95 GRANDTOTAL $196,888.00 $ 195,758.00 $ 1,072.0 $196,830.0 100% $58.00 $9,841.50 � CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document G703T"-1992.Copyrfght OO 1963,1965,1966,1967,1970,1978,19g3 and 1992 by The American Institute of ArChitects.AII rights reserved.WARNING:This AIA"'Document is protected�y U.S.Copyric�ht Law and International Treaties.Unauthorized reproduction or distribution of this AIA�"Document,or any portion of it,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. ioizioncoaa � APPLICATION AND CERTIFICATE FOR PAYMENT CONSTRUCTION MANAGER-ADVISER EDITI AIA DOCUMENT G702/CMa PAGE ONE OF � �C E I VE D TO OWNER: PROJECT: APPLICATION NO: 2 Distribution to: � Orono Police Department x�O WNER ���t r''� 2 � ;'�"j 0 2730 Kelley Pkwy PERIOD TO: 1/20/IS x�CONSTRUCTION � Orono,MN 55356 PROJECT NO: �N�►Q��t-ANDERSONC� FROM CONTRACTOR: FSC Cert. �ARCHITEC$��"-���PINES LSI Corporation of America,Inc. CONTRACT DATE: O1/00/OO�CONTRACTOR 2100 Xenium Lane,Plymouth MN 55441 VIA CONSTRUCTION MANAGER: Kraus Anderson BID PACKAGE: VIA ARCffiTECT: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, Application is made for payment,as shown below,in connection with the Contract. information and belief the Work covered by this Application for Payment has been Continuation Sheet,AIA Document G703,is attached. completed in accordance with the Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner,and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM $ 29,720.00 2. Net change by Change Orders $ CONTRACTOR: 3. CONTRACT SLJM TO DATE(Line 1 f 2) $ 4. TOTAL COMPLETED&STORED TO DATE $ , (Column G on G703) By: . �/ � Date: 5. RETAINAGE: a. 5%of Completed Work $ 1,496.25 State of: Minnesota County of: Dakota �amn D+E on G703) Subscribed and sw n tQbefore,�e this�day of c1 � , ZoT s b. /a of Stored Material $ 0.00 Notary Public���Y�� dl� . �L.orumn F on G703) My Commissio exp '�0.D�`— ��"�'" Total Retainage(Lines Sa+Sb or \ 3� lg MIIiANDA EDEEN ARY PUBUC ' Total in Column I of G703) $ 1 496.25 INNE30TA � 6. TOTAL EARNED LESS RETAINAGE � � �"M�°1"�"�s°�°"E�.I�'•3�,2�8 $ 28,428.75 In accordance with the Contract Documents,based on on-si (Lme 4 less Lme 5'1 otal) � compnsmg this appl�cat�on,the Construction Manager and Arch�tect certity to the 7. LESS PREVIOUS CERTIFICAT'ES FOR Owner that to the best of their lrnowledge,information and belief the Work has PAYMENT(Line 6 from prior Certificate) $ 25,409.65 progressed as indicated,the quality of the Work is in accordance with the Contract 8. CURRENT PAYMENT DUE $ ✓ Documents,and the Contractor is entitled to payment of the AMOLJNT CERTIFIED. 9. BALANCE TO FIMSH,INCLUDING RETAINAGE $ 1,496.25 � (Line 3 less Line 6) AMOi1NT CERTIFIED $ ��,,,i (Attach explanation if amount cert�ed di�'ers from the amount applied f'or. Initial all ota c ges appmve figures on this A lication and on the Continuation Sheet that changed to conf'orm to the in revious months b Owner $205.00 $0.00 amount certi CONSTR O AGER: Total a roved this Month $0.00 $0.00 By: Date: S' CHI T: TOTALS $205.00 $0.00 By: Date: i NET CHANGES by Change Order $205.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. a THE AMERICAN INSTRUTE OF ARCHITECTS,1745 NEW YORK AVE.,N.W.,WASHINGTON,DC 20006-5292 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 -Certification of DocumenYs Authenticity c ` AIA Document G702,APPLICAT[ON AND CERT'IFICATION FOR PAI'Iv�NT,containing APPLICATION NO: 2 Contractor's signed certification is attached. APPLICATION DATE: 1/2 0/15 In tabulations below,amounts are stated to the nearest dollaz. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: A B C D E F G H I I DESCRIPT[ F E MPLE D MATE TOTAL /o ALAN RETAINA E NO. VALUE FR M I S TI-II PERI PRESENTLY COMPLETED (G—C) TO FRVISH (IF VARIABLE APPLICATION STORED AND STORED (C-G) RA'['E) (D+E) (NOT IN TO DATE 0 D OR E) (D+E+F) 1 Material 21,363.00 $19,109.00 2,254.00 $21,363.00 100.00% 2 Labor 8,562.00 $7,638.00 924.00 $8,562.00 100.00% GRAND TOTALS $29,925.00 $26,747.00 $3,178.00 $0.00 $29,925.00 100.00% $0.00 $0.00 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 -Certification of DocumenYs Authenticity AIA DOCUMENT G703 CONTINUATION SHEET FOR G702 1992 EDITION AIA 01992 ' THE AMERICAN INSTITUTE OF qRCHITECTS,1735 NEW YORK AVENUE,N.W WASHINGTON,D C 20006-5232 G703-1992 �1��LIC,�4TION AND CERTIFICATE FOR PAYMENT , CONSTRUCTION MANAGER-ADVISOR EDITION AIA DOCUMENT G702/Cma TO(OWNER): PROJECT: APPLICATION NO.: 6 Distribution to: City of Orono City of Orono Police Department PERIOD TO: 1/31/2015 OWNER 2750 Kelley Parkway Remodel and Expansion PROJECT NO.S: 1225.00 CONSTRUCTION Orono, MN 55356 MANAGER ARCHITECT FROM: CONTRACT DATE: 7/29/2014 CONTRACTOR Minnetonka Plumbing Inc. CONTRACT NO.: Category 22A 520 South River Street VIA CONSTRUCTION MANAGER: Kraus Anderson Construction Co. Plumbing 8�HVAC PO Box 1080 VIA ARCHITECT: SKD Delano, MN 55328 CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies tl�at to the best of the ConVactors knowledge, Application is made for payment,as shown below,in connecGon with the Contract. informatfon and belief the Work covered by this Application for Payment has been Continuabon Sheet,AIA Document G703,is attached. completed in accordance with the Contract Doaiments,that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and 1. ORIGINAL CONTRACT SUM $ 380,300.00 payments received from the Owner,and that current payment shown herein is now due. .............................................................. 2. Net Change by Change Orders $ 1,159.00 .......................................................... 3. CONTRACT SUM TO DATE $ 381,459.00 CONTRACT • Mi etonka Plumbing Inc. 4. TOTAL COMPLETE 8�STORED TO�DATE����������������������������������� $ 381,459.00 (Column G on G703) ................................. B : Y Date: 1/22/2015 5. RETAINAGE: a 5 °ia of Completed Work $ 19,072.95 State of: Minneso a County of: Hennepin (Column D+E on G703) Subscribed and s om to befor me thi: day of January,2015 b 5 "/o of Stored Material $ 0.00 Notary Public:'3� -�r-� p�� (Column F on G703) My Commission expires: 01/31/2020 Total Retainage(Line 5a+5b or $ 19,072.95 ��STIN�K Tota1 in Column I on G703) CERTIFICATE FOR PAYMENT ,,,r�°' 'WVCG,yr�tSs! '��NNESpTq 6. TOTAL EARNED LESS RETAINAGE $ 362,386.05 In accordance with the Contract Documents,based on dTi�site�opservatio ��� comprising this application,the Construction Manager and Architect certi� (Line 4 less Line 5 Total) 211.30 that to the best of their knowled e,infortnation and belief the Work has ro 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 354, ............. 9 p gressed as (Line 6 from prior certificate) indicated,the quality of the Work is in accordance with the Contract Documents,and the 8. CURRENT PAYMENT DUE $ 8174.75 � Contractor is entitled to payment of the AMOUNT CERTIFIED. ................................................................... ' S 9. BALANCE TO FINISH,PLUS RETAINAGE $ 19,072.95 � ( AMOUNT CERTIFIED ���—1� (Line 3 less Line 6) $ (Attach explanation if amount difl`ers from the amount applied for. Initlal all figures on CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS this Application and on the Continuation Sheet that are changed to conform to the Total changes approved in amount certified.) previous months by Owner 849.00 CONSTRUCTI A : Kraus-Anderson Construction Company BY� Date: L Total approved this Month 310.00 AR BY� Date: 2 J TOTALS 1159.00 0.00 This Certficate is not o' ble. The AMOUNT CER is payable only to the Contractor named herein. Issuance,payment and acceptance of payment are without NET CHANGES by Change Order 1159.00 prejudice to any rights of the Owner or Contractor under this Contract. ,•�'- - � CITY OF ORONO POLICE DEPARTMENT Appl�cation#06 , PAGE 2 A B C D E F G G1 H I WORK WORK TOTAL - COMPLETED COMPLETED MATERIALS COMPLETED ITEM SCHEDULED PREVIOUS THIS PRESENTLY &STORED BALANCE RETAINAGE NO. DESCRIPTION OF WORK VALUE APP PERIOD STORED TO DATE % TO FI1�IISH G X 5% PERMITS,BOND,MOBILIZATION, START UP 9,345.00 9,345.00 9,345.00 100% 0.00 467.25 ALLOWANCE 5,000.00 5,000.00 5,000.00 100% 0.00 250.00 SANITARY SEWER UNDERGROUND Material 16,985.00 16,985.00 16,985.00 100% 0.00 849.25 Labor 10,170.00 10,170.00 10,170.00 100% 0.00 508.50 SA1�IITARY SEWER ABOVE GROUND Material 5,475.00 5,475.00 5,475.00 100% 0.00 273.75 Labor 4,980.00 4,980.00 4,980.00 100% 0.00 249.00 DOMESTIC WATER Material 7,814.00 7,814.00 7,814.00 100% 0.00 390.70 Labor 10,140.00 10,140.00 10,140.00 100% 0.00 507.00 CONDENSATE WATER Material 1,402.00 1,402.00 1,402.00 100% 0.00 70.10 Labor 1,980.00 1,980.00 1,980.00 100% 0.00 99.00 GAS PIPING Material 4,077.00 4,077.00 4,077.00 100% 0.00 203.85 Labor 6,300.00 6,300.00 6,300.00 100% 0.00 315.00 FIXTURES Material 12,771.00 12,771.00 12,771.00 100% 0.00 638.55 Labor 6,720.00 6,720.00 6,720.00 100% 0.00 336.00 EQUIPMENT PLUMBING Material 12,101.00 12,101.00 12,101.00 100% 0.00 605.05 Labor 2,640.00 2,640.00 2,640.00 100% 0.00 132.00 DEMOLITION Material 14,195.00 14,195.00 14,195.00 100% 0.00 709.75 Labor 4,800.00 4,800.00 4,800.00 100% 0.00 240.00 INSULATION SUB 5,705.00 5,705.00 5,705.00 100% 0.00 285.25 TEMP CONTROL SUB 15,000.00 15,000.00 15,000.00 100% 0.00 750.00 157,600.00 151,895.00 5,705.00 0.00 157,600.00 100% 0.00 7,880.00 . +"� ' ' CITY OF ORONO POLICE DEPARTMENT Application#06 PAGE 3 A B C D E F G Gi H I WORK WORK TOTAL COMPLETED COMPLETED MATERIALS COMPLETED ITEM SCHEDULED PREVIOUS THIS PRESENTLY &STORED BALANCE RETAINAGE NO. DESCRIPTION OF WORK VALUE APP PERIOD STORED TO DATE % TO FII�IISH G X 5% SHEETMETAL SUB-START UP 12,400.00 12,400.00 12,400.00 100% 0.00 620.00 Balance-Labor 3,700.00 1,110.00 2,590.00 3,700.00 100% 0.00 185.00 Duct Installation-Labor 4,800.00 4,800.00 4,800.00 100% 0.00 240.00 Duct Installation-Material 4,800.00 4,800.00 4,800.00 100% 0.00 240.00 Duct Work-Labor 20,000.00 20,000.00 20,000.00 100% 0.00 1,000.00 Duct Work-Material 20,000.00 20,000.00 20,000.00 100% 0.00 1,000.00 PRV's-Labor 2,000.00 2,000.00 2,000.00 100% 0.00 100.00 PRV's-Material 5,000.00 5,000.00 5,000.00 100% 0.00 250.00 Registers-Labor 2,000.00 2,000.00 2,000.00 100% 0.00 100.00 Registers-Material 2,000.00 2,000.00 2,000.00 100% 0.00 100.00 Furnaces,UH,Cond Units-Labor 16,000.00 16,000.00 16,000.00 100% 0.00 800.00 Furnaces,UH,Cond Units-Material 80,000.00 80,000.00 80,000.00 100% 0.00 4,000.00 MiJA-Labor 5,000.00 5,000.00 5,000.00 100% 0.00 250.00 MiJA-Material 20,000.00 20,000.00 20,000.00 100% 0.00 1,000.00 AHU's-Labor 5,000.00 5,000.00 5,000.00 100% 0.00 250.00 AHLJ's-Material 20,000.00 20,000.00 20,000.00 100% 0.00 1,000.00 CO#0 PCO#20-New gas meter and gas piping @ RTU-1. 0.00 0.00 0.00 100% 0.00 0.00 $1,822 allowance PCO#24-Outdoor air intake changes. 849.00 849.00 849.00 100°/a $3,178 allowance 0.00 42.45 CO#0 PCO#55-installed coffee maker in-line filter. 310.00 310.00 310.00 100% 0.00 15.50 381,459.00 372,854.00 8,605.00 0.00 381,459.00 100% 0.00 19,072.95 � ; AP,'�t LICATION AND CERTIFICATION FOR PAYMENT RTL Inv # 14-282-5 TO CONSTRUCTION MANAGER: PROJECT: Orono Police Departtnent APPLICATION NO: 5 Kraus Anderson PO Box 158 Circle Pines,MN 55014 - PERIOD TO: 1/31/2015 FROM CONTRACTOR: RTL Construction,Inc. 4000 Valley Industrial Blvd S RTL JOB NO: 14-282 Shakopee,MN 55379 CONTRACTORS APPLICATION FOR PAYMENT 'The undersigned contractor certifies that to the best of the conVactor's knowledge,information and belief the Work covered by this application for payment has been completed in accordance with the Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the owner,and that current payment shown herein is now due. 1.)ORIGINAL CONTRACT SUM ................ $110,900.00 CONTRACTOR: RTL Construction, Inc. 2.)Net Change by Change Orders................... $7,989.00 --'�� �. 3.)Contract Sum to Date .............................. $118.889.00 " �� � 4.)Completed and Stored to Date ................... $118,889.00 Y: G� ' " " L Date: �-Z�-/5 5.)Retainage ........................................... $5.944.45 6.)Total Earned less Retainage...................... $112,944.55 State of �/( County of:s��Q� 7.)Less Previous Certificates for Payment......... 105,355.00 Subscribed and s o before me thi (�iay of � 8.)Current Payment Due.............................. $7,589.55 �/ Notary Publi : 9.)Balance to Finish, Including Retainage......... $5,944.45 My Commission Ex ' es: / 1/2015 N1111r/U11C QI�1 �) �D�� . �a�oa CHANGE ORDER SUMMARY Additions Deductions CERTIFICATE FOR PAYMENT Total changes approved previously In Accordance with the Contract Documents,based on on-site observations and the data Comprising the application,the Architect certifies to the Owner that to the best of the Architects Total approved this month Knowledge,information and belief the Work has progressed as indicated,the quality of the work is Totals In accordance with the Contract Documents,and the Contractor is entitled to payment of the NET CHANGES by Change Order 7,989.00 �Oi1NT CERTIFIED. � AMOUNT CERTIFIED.............. $ ��V_r � (Attach exp[anation if amount certified di,/fers from the amount applied.Initial all figures on this Application and on the Continuation Sheeet that are changed to conform with amount certified.) Constructio anager: BY� Date: Z i tS t: BY• Date: � � . ITEM SCHEDULED STORED NO. DESCRIPTION VALUE PREVIOUS THIS PERIOD MATERIALS TOTAL % BALANCE RETAINAGE 1 Generai Conditions 13,060.00 13,060.00 0.00 0.00 13,060.00 100 0.00 653.00 2 InteriorFraming Labor 13,871.00 13,871.00 0.00 0.00 13,871.00 100 0.00 693.55 3 Interior Framing Materials 5,100.00 5,100.00 0.00 0.00 5,100.00 100 0.00 255.00 4 Exterior Framing Labor 12,275.00 12,275.00 0.00 0.00 12,275.00 100 0.00 613.75 5 Exterior Framing Materials 5,520.00 5,520.00 0.00 0.00 5,520.00 100 0.00 276.00 6 Insulation Labor 1,364.00 1,364.00 0.00 0.00 1,364.00 100 0.00 68.20 7 Insulation Materials 800.00 800.00 0.00 0.00 800.00 100 0.00 40.00 8 Interior Hanging Labor 21,570.00 21,570.00 0.00 0.00 21,570.00 100 0.00 1,078.50 9 Interior Hanging Materials 4,180.00 4,180.00 0.00 0.00 4,180.00 100 0.00 209.00 10 Taping Labor 25,910.00 25,910.00 0.00 0.00 25,910.00 100 0.00 1,295.50 11 Taping Materials 3,250.00 3,250.00 0.00 0.00 3,250.00 100 0.00 162.50 12 Altemate#4 4,000.00 4,000.00 0.00 0.00 4,000.00 100 0.00 200.00 13 CO#2 7,989.00 0.00 7,989.00 0.00 7,989.00 100 0.00 399.45 118,889.00 110,900.00 7,989.00 0.00 118,889.00 0.00 5,944.45 � - � RECEIVED � FEB 0 4 2015 ��` TM _ _ Docur�ent G132 Z��9 KRqUS-ANDERSONO � Apptication and Certificate�for Pay.ment, Co,nstr,uction.=Manager as�,�Adviser Ed'�tion CIRCLE PINES TO OWNER:Ciry of orono "'PROJECT:"rono o ice ep , en emo e = - ppp��CATION N0: 1 ' DISTR16UTlON T0: ' 2750 Kelley Parkway 2750 Kelley Psukway OWNER orono>MN 55356 Orono,MN PERIOD TQ; 1/31/2015 CONSTRUCTION MANAGER FROM swnmit Pire Protection VIA CONSTRUCTION�aus Anderson GONrRAGF DATE• ARCHITECT CONTRACTOR: 575 Minnehaha Avenue W MANAGER: PO box I58 PROJ6CT NOS: 12-4310 r � CONTRACTOR St Paul,MN 55103 Circle Pines,MN 55014 FIELD CONTRACT FOR:Fire Sprinklers V)q"ARCHREGT:SKD Architects„Inc. OTHER CONTRACTOR`S APPUCATION FOR"PAYM ENT � The nndersigned Contractor certities that�to the best of the Contracto�'s know�edge,int'orraatiott and A ]ication is made for a ' beliefthe VfZork cavered by tbis Application�'or'Payment has been completed in accordance with the pp �p yment,as shown below,in connection with the Contrftet. Contract Documents,Wat all acnounts have lie�n paid by the Contractor for Work for which previous AIA Document G703 ,Continuation Sheet,is attached. Certificates for Payment-were issded and payments received from the Owner,and that current payment 1.ORIGINAL CONTRACT SUM............................................................$28,850.00 , . shown herein is now due. 2.NET CHANGES 1N 7HE WORK..........................................................�0.00 ' CONTRACTOR:Summit Fue Protection 3.CONTRACT SUM TO DATE(Line!t 2) .............................................$28,850.00" gy; Date: �,22� 4.TOTAL COMPL.ETED AND STORED TO DATE(Calermn G on G703)..............$28,850.00 State of: MN ' 5.RETAINAGE: County of��Y a. s,00 %of Completed Vt�ork Subscribed and swom to befare RACHEL FRANCES ROBERTS (Column D+E on G7Q3) $ 1,442.51 me this �.'�—day of '�f1 20� NOtary PubliC-Mlnnespt8 � b. %of Stored Material Nocary Pubiic: ����,,^�,�- ��m�����3�,�0�9 (Columa:F on G703) $ '� My Commission pues:- rt2�19' Toql K�age(Lines Sa+Sb,or TotaJ nr Column 1 on G703J...................$ 1,442.51,: CERTIF(C�`A�'F FOR PAYMENT 6.TOTAL EARNED LESS RETAINAGE...................................................�27,40749'• In accordance with the Contract Documents,bastd on evaluations of the Work and ihe data comprising (Line 4 minus Line S Total) this application,the Construction Maoager and Architect certify-to the Owner that to.the best of their 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT.................................... 25,900.08 � laiowledge;informadon.aad belie�the�W.orkhas ptogressed as iniiicated,the qualiry of the Work is in (L►ne 6 fi�om prior Cert�cate) �. accordance with ihe Contract Documents,and the Contractor_is entitled-to payment of the AMOiJNT 8.CURRENT PAYMENT DUE................. 1,507.41 CERTIFIED. �\ .............................................$ ' 9.BALANCE TO FINISH,INCLUDING RETAINAGE AMOUNT CERTIFIED.......................................................$ ���� -- (Atlach exp/anation if amount certifeed d�ers front!he amount app/ied.Ini�ial all frgures o�r this (Lrne 3�ninus Line 6J $ 1,442;51 Application and o e Contirruation S/reet that are ehanged to conform wiPu bhe amount cert�ed) CONSTRUCTI A ._.,._ BY� Date: L — SUMMARY OF CHANGES 1N THE WORK ADDITIONS DEDUCTIONS AR (NOTE:, M ' le Prime Contractors are responsible for p r orm g portions of the Total chan es a roved in revious months b Owner $ $ Pr je ' n!s not requp•ed) Total approved this month,inclnding Construction By: Date: � � J^ Change Directives � $ $ This Certificate is not egot le.The AM CERTIP'IED rs payabl only t tbe Contractor named TOTAF:S' $' $ hecein.Issuance,payment and acceptance of payment aze wilhout prejudice to any rights of lhe Owner NET CHAAiGES IN THE WORK S or Contmcror under this Contract. � CAUTION:You shoutd sign a�origlnal AIA CDntract,Document,on�which this text.appears�in RED.M original assures thaichanges will not bo obscured. AIA Document G732TM-2U09(formerly G702TMCMa-1992).Copyrlght�1992 and 2009 by The American Institute of Architects.All r(ghts reserved.WARNING:This AIAm Documont is protecled by U.S.Copyright Law and InternaUonal TraaHas.Unauthorized reproductlon or distributlon of thls AlA°Document,or any portion of it,may rttsult In severe civil and criminal penallies,and will be proseeuted to the maximum extent possible under the law.purchasers are pertnitted to reproduce len(10)copies of this dxumem when compbled.To report copyright violationa of AIA Contract Documents,e-maii The Ameripn InsUlute of Architects'legal counsel,copyright�ala.org. a � . � -= Document G732T"' — 2009 Instructions Application and Cer�ificate for Payment, Consfruction Manager as Adviser Edition GENERAI.INFORMATION Purpose.AlA Document G732Th1-2009,Application and Certificate for Payment,Construction Manager as Adviser Edition,is to be used in conjunclion with AIA Docnment G703TM-1992,Continuation Sheet.These documents are designed to be used on a Project where a Construction Manager is employed as an adviser to the Owner,but not as a constructor.Procedures for their use are covered in AIA Document A232TM-2009,General Conditions of the Conh�act for Conshvction,Construction Manager as Adviser Edition. Related Docnments.AIA Document G703-1992. Use of Cnrrent Documents.Prior to using any AIA Contract Document,users should cons�ilt w�vw.aia.org or a local AIA component to verify the most recent edition. Reproduetions.This document is a copyrighted work and may not be reproduced or excerpted from without the express tivritten permission of the AIA.There is no implied permission to reproduce this document,nor does membership in The American lnstitute of , Architects confer any fuithcr,rights to reproduce this document'f6e AIA hereby grants the purchaser a limited license to reproduce a rtiaximum of ten copies of a completed G732 2009,but only for use in connection with a particular project.The AIA will not permit reprod`uction oufside of the liniited license for reproduction ganted above,except upon written request and receipt of written pennission from tlie A(A.Itights to reproduce the document may vary for users of AlA software.Licensed AIA software users should consult the End User Licen'se Agrceinent(EULA).To report copyright violations of ATA Contract Documents,e-mail The American Institute of Arcliitects'legal counsel,copyrightQaia.org. USING G732-2009 Afl'er the Contractor has completed AiA Document G703,Continuation Sheet,summary information should be transfened to AIA Document G732 2009,Application and Certificate for Payment,Construction Manager as Adviser�dition.The Contractor should sign G732,have it notaitized and submit it,together with G703.to tbe Construction Manager and Architect.7'he Construction Manager and Architect should review G732 and G703 and,if they are acceptable,complete the Certificate for Payment on G732.Ihe Construction Manager and Architect may certify a different amount than that applied for pursuant to Sections 9.5 and 9.6 of A232T�-2009.They should then initial all Sgures on G732 and G703 that have been chapged to conform to the amount certified and altach an explanation.The completed G732 and G703 should be forwarded to the Owner. COIVlPLETIMG G703 Aeat7ing.This information should be completed to be consistent with sunilar information on AIA Document G732-2009,Application nnd Certificate for Payment,Construction Manager as Adviser Edition. Columns A,B and C.These columns should be completed by identifying the various poriions of the Project and their scheduled value consistent with the schedule of values submitted at the commencement of the Project or as subsequently adjusted.The brealcdown may be by sections of the Work or by 5ubcontractors and sbould remain consistent tlu-oughout the Project.Multiple pages should be used when required. Coluinn C.3hould be subtotaled at the bottom when more than one page is used and totaled on the last page.Initial ly,this totat should equal the original Conhact Sum.The total of column C may be adjusted by Change Orders during the Project. Column D.Enter in d�is cotumn the amount of completed wark sovered by the previous applica6on(columns D&E from the previous applicadon).Values from column F(Ivtaterials Presently Sto�e���roro the previous applicadon should not be entered in this column. Colnma E.Enter here the value of Work completed at the time of this application,including t6e value of materials incorporated into the project which were listed on ihe previous application under Meterials Presently Stored(column F). Column F.Enter here the value of Materials Presently Stored for whicb payment is sought.The total of the column must be recalculated at the end of each pay period.This value covers botb materials newly stored for wbich payment is sought and materials previously stored which are not yet incorporated into the Froject.Mere payment by the Owner for stored materials does not result in a deduction from this column.Only as roaterials are incorparated into the Project is their value deducted from this column aad incorporated into column E(Work Completed-'Tt�is Period). Column G.Enter here the total of columns D,E and F.Calculate We percentege completed by dividing column G by coluron C. Column H.Enter here the difl'erence betu�eeo cohunn C(Scheduled Value)and column G(Tota]Completed and Stored to Daie). Column I.This coliu�is normally used only for contracts where variable retainage is perrnicted on a line-item basis.It need not be completed on projects where a constant retainage is tvithheld from the overall contract amount. Change Orders and Constraction Change Directives.The amount of the original contract,adjusted by Change Orders and amouvts authorized for Construction Change D'uectives as reflected in line 2,is to be entered on line 3 of the G732 form. MAKING PAYMENT The Owner should make paymenl directly to the Contractor based on the amount certified by the Construc6on Manager and Architect on AIA Document G732 2009,Application and Certificate for Payment,Construction Maaager as Adviser Edition.The completed form contains the natne and address of the Coritractor.Payment should not be made to any other party unless specificalty indicated on G732. AlA Document G732�"'—2009(formerly G702TMCMa—'I992).Copyright�1992 a�d 2009 by The Ame�qn Instilute of Archilects,p��rlghts reserved. WARNING:This AIAs Document is protected by U_S.Copyright Law ahd International Treaties.Unauthorized reproduction or disiribu6on of thls AIA°Document,or any portion oF it,may result in severe civil and criminal penafties,and will be proseeuted l01he maximum exient possible under the Iaw.Purchasers are permitted to reproduce ten(10)copies of th�document when complefed.To reporl copyright violaUons of AIA Conhact Documents,e-mail The American Inslitule of Archltects'legal counsel,copyright�aia.org. 1 � i - �- Document G703T�' — 1992 Continuation Sheet AIA Document G'IO2,APPLICATION AND CERTTFTCATIONI FOR PAYMENT, APPLICATION N0: 124310-00005 containing Conlractor's signed certification is attached_ ln tabulations below,amounts are stated to the nearest dollar. APPLICATION DATE:1/22/2015 Usc Column I on Coniracts where variable retainage for line items m�y apply. PERIOD T0: 1/31/2015 ARCHITECT'S PROJECT N0: i2-a3io A B C D � F G H 1 WORK COMPLETED MATERIALS TOTAL SCHEDiJLED PRESENTLY COMPLETED $AI.ANCE 1TEM DESCRIPTION OF WORK FROM PREVIOUS % TO RETAINAGE NO. VALUE APpLICATTON THIS PERIOD STaRED AND STORED (IF VARIABLE (NOT IN TO DATE (G=C) FINISH RATE) (D+E) D OR E) (D+E+F) (C-G) O1 Labor 15,867.50 14,280.75 1,586.75 �S��1•�i 100.00 0.00 1�3�3� 02 Material 10,097.50 10,097.50 10,097.50 100.0 0.00 504.8 03 Design 2,885.00 2,885.00 2,885.00 100.00 0.00 144.25 TOTALS 28,850.00 Z'I, �cv3 .-7� 1��(o.� Z�-�Zj I 1�17- -E3 �L�y 2 � CAUTION:You should slgn an original AIA Contract Doc�ment,on which this text appears in RE�.An origlnel assures that changes will not be obscured. AIA Document.G703TM—1992.Copyright�1963,1965,1966,1967,1970,1978,1983 and 1992 by The American Instllute of Acch(tects.Ali rights reserved.WARNING:This AIA�Doeument is prolected by U.S.Copyrlght Law and Interpalional 7reaties.Unaulhorized rapraductfon or diskibu{fon ot this AIA°Document,or ariy porFion ot il,may resull in seveee civil apd criminal penaliics,and wiil be prosecuted lo the meXimum extent possibie under the law.Purchasers are permitted to reproduce ten(10)copies ot this documenl when compieted.To report copyright violaGons of AIA ConUact Documents,e-mail The American Institute of Archilects'legal counsel,copyrightpaia.org. � � == Document G703TM- 1992 Instructions , Continuation Sheet GENERAL INFORMATION Purpose and Related Documents.AIA Document G702,ApplicaGon and Certificate for Payment,is to be used in conjunciion with AIA Document G703, ConOnuation Sheet.These documents are designed for use on Projeas where the Cuntractor has a direct Agreement with the Owner.Procedures For iheir use are �vered�AIA Document A201,General Conditions af t�e Cont�act for ConsUuction. Use of Current Documents.Prior to using any AIA ConUact Document,users should consult www.aia.org or a local AIA component to verify the most recent ed�ion. Reproductions.This document is a copyrighted work and may not be reproduced or excerpted irom without the eacpress wri�en permission of the AIA There is no impGed permission to reproduce this document,nor does membership in The American Institute of Architects confer any further rights to reproduce this document The AIA hereby grants the purchaser a limited license io reproduce a ma�amum of ten copies of a completed G703,but only For use in c�nnection with a particu�r project The AIA wtll not permft reproduction outside of the limited license for re � written permission from the AIA.Righls lo reproduce the document may vary for users oiAI�A s�oflware9Liccense AIA sofN�vare Upsenrs stt►��d ea�i�t It the E d User License Agreement(EULAj.To report copyrighl vioiafrons of AIA Contrad Documents,e-mall The American Ins6tute of Arc�itecls'legal counsel, copyright@aia.org. COMPLETING THE G703 FORM Neading:This tnformation shaald be completed in a manner caisistent with similar informa6on on AIA Oocument G702,Applicalion and Certificate for Payment. Columns A,B&C:These columns should be compleied by 3dentifying the various portions of the Project and their scheduled values consistent wlth the schedule of values subrtdtted to the Ard�itect at the commencement of the Project or as subsequently adjusted.The breakdovm may be by sections of�e Work or by 5ubcontractors and should remain consistent thro houl the Pro ect.Mul6 e q m � 1 � pages should 6e used when re uired. Column C shouid be subtotaied at the bottom when more than one page is used and totaled on the last page.IniQally,this total should equai the original Contract Sum.The lotal of column C may be adjusted by Change Orders during ihe Project. Column D:Enter in lhis column the amount oi compieted Work covered by ihe previous application(cAlumns D$E from the previous appGcation).Values hom column F(Materials PresenUy Slored)trom ihe previous applicallon should not be entered in fhis cdumn_ Column E:Enter here the value of Work completed al ihe lime of this applica6on,including the value oi materials incflrpo�ted in the proj�t that were listed on the previous application under Matedals Presenpy Stored(column F). Column F:Enter here ihe value of Malerials Presently Slor�ed for which payment is sought.The tota!of the column must be recalculated at the end of each pay period.This vabe covers bolh rnaterials newly stored for whidi payment Is sought and materials previously stored which are not yet incorporated into the Projed Mere payment by the Owner for stored materials does not�esult in a deduction from this column.Only as matedals are fncorporated into the Project is their value deducted from this column and Incorporated into column E(Wa�k Completed—i'his Period.) Column G:Enter here the total oF columns D,E and F.Calculate the percentage completed by dividing oolumn G by column C. Column H:Enter here the diffe�ence between oolumn C(Sc�eduled Value)and column G(Total Completed and Stored to Date). Column I:'fhis column is normally used only for contracts where variable retainage is permitted on a line-item basis.It need not be compleied on projects where a wnstant retainage is withhetd from the overall contract amount. Change Orders;Although Cha�e Orders could be incorporated by changing ihe schedule of values each Gme a Change Order is added to the Project,this is not normally done.Usually,Change Orders are listed separdtely,eitlier on their own G703 form or at the�d of the basic scheduls.The artrount of the original contract adjusted by Change Orders is b be entered in the appropriate locatlon on lhe G702 fam. Construction Change plrecUves:Amounts not in dispute that have been included in Construdion Change Directives should be incorporated into one or more Change Orders.Amounts remaining in dispute should be dealt with according lo Section 7.3 in A201. 1he lol/owing is an example oT a Confinuafron Sheet/orwork in prog�ess,please note fhat doqaramounts sho►m belo�,are fortllusbative purposes onty,arM are no(inlended lo reAear actuaf consGucfwn costs. A g �, U E F G H 1 ) " REM SCHEDf�LF-0 lRUMPRL'VIUUY ►Id7ER1ALti iT]fAl PRE�EYRY Cq�IPLhTIm BAUNC} NO �w�V��W�K VALI�F. YIUREU ANp�7p�,D ` 7p Rh7AlYAGF. APPLICA770V 7'HIS Pk1tIUU IIf YAR1A6tF ID�L'1 IKQI'1?I TODAh IQ+CI fl\LSH �� DORti 1IkF.+F1 tC-CI 1 MOBILIZATION 5.000 5.000 0 0 5.000 100 0 Z SNMPRF.MOVAL 5.000 5,000 0 0 5,000 ]00 0 � EARTH WORK 35A00 10,000 5.000 0 15.000 100 0 4 LOWERRETAININGWALI 10.000 O 5.000 p 5 3� `� 5.000 CURB3 6 MISC.CONC. 5.000 0 0 O 0 0 5.000 6 PAVING.UPPER DRIVE 20.000 0 0 0 0 0 20.000 7 PAVf1J6.LOWER DRI4E Zp,ppp p � p 8 PAVERS � 0 �.� 20.000 0 0 ]O.00D 50.000 50 30,000 9 BRICK WORK 5.000 0 0 0 0 0 5A00 10 11 105.000 20.000 10.000 10.000 �0.000 65 AIA Document G703*M—1992.Copyright�1963,1965,1966,1967,1970,1878,1983 and 1992 by The American InsGlule ol Architec[s.AU rights reserved.WARNING: This AIq°Document is protected by U.S.Copyright Law and International Trealles.Unauthorized reproductfon or distrtbution o1 ihts AIA00Dacumenl,or any portion oI it,may result In severe civil and criminaf penaliies,and will be prosecuted to the maxlmum extent possible under the law.Purchasers are permitted to �eP►od��e ten(10)copies ol this d�umenl when compleled.To repoA copyright violations of AIA ConUaet Documents,e-mait The Amedcan lnstitute of Archilects'legal counsel,�pyright@afa.org. ' ����i��D � superiar . i.;�c.;s; � . � , � ,,, APPLICATION AND CERTIFICATE FOR PAYMENT PAGE 1 OF 2 „,,, WNER: City of Orono PROJECT: City of Orono Police Dept APPLICATION#: 3 DISTRIBI'J IOty • ` 2750 Kelley Parkway 2730 Kelley Parkway •� ''� � fNES OWNER Orono,MN 55356 Orono,MN 55356 PERIOD TO: 1/31/2015 CONSTRUCTION MANAGER FROM VIA CONSTRUCTION CONTRACT DATE: 7/29/2014 ARCHITECT CONTRACTOR: Superior Painting&Decorating,inc MANAGER: PROJECT NOS: 90447 CONTRACTOR 3543 88th Ave NE#700,Circle Pines,MN 55014-4108 FIELD CONTRACT FOR: Painting VIA ARCHITECT: SKD Architects,Inc.11140 Highway 55,SteA,Plymouth,MN 55441 OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contrador cert�es that to the best of the Contractor's knowledge,information and belief the Work covered by this Application for Application is made for Payment as shown below,in connection with the Contract. Payment has been completed in accordance with the Contract Documents,that all AIA Document G703,Continuation Sheet,is attached. amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner,and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM ........ .... ............. $ 21,701.00 2. NET CHANGES IN THE WORK.......... .... ............. $ 648.00 CONTRACT r'or in' & e rating, Inc. BY� ,/ �,��^ Date: 1i23/2o15 3. CONTRACT SUM TO DATE(Line 1 +_2) $ 22,349.00 State of: MN County of: Anoka 4. TOTAL COMPLETED 8 STORED TO DATE $ 22,349.00 Subscribed and sworn to before (Column G on G703) me this 33 day of " k �� TRACY D. DAVENPORT 5. RETAINAGE �ry��� a. 5°� of Completed Work $ 1,117.45 Notary Public:� .. t�y cannrsNon�tr.s,�a„3�,20� (Column J on Schedule of Values Draw Request) � b. 5°� of Stored Material $ 0.00 My Commission expires: �"J���' CERTIFICATE FOR PAYMENT Total Retainage(Line 5a+5b).. .... .. . .. . . ... .... . .... ..... ... $ 1,117.45 In accordance with the Conhact Documents,based on evaluations of the Work and the data comprising this application,the Construction Manager and Architect certify to the Owner that to the 6. TOTAL EARNED LESS RETAINAGE.......... .... ............. $ 21,231.55 best of their knowledge,information and belief the Work has progressed as indicated,the quality of (Line 4 less Line 5 Total) the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT.......... $ 16,388.45 the AMOUNT CERTIFIED. (Line 6 from prior Cert�cate) AMOUNT CERTIFIED......................................... ����� 8 CURRENT PAYMENT DUE......... ........ .... ............. $ 4,843.10 (Attach explanation if amount certified ' rs from the amount applied.Initial all figures on this Applicetion and on the C ntinuati heet that are changed to conform with the amount certified.) 9 BALANCE TO FINISH,PLUS RETAINAGE..... .... $1,117.45 CONSTRUCTION • (Line 3 less Line 6) By: Date: ARCHIT . TE.• If lulti e Prime Contractors are responsible for erforming portions SUMMARY OF CHANGES IN THE WORK ADDITIONS DEDUCTIONS of the Pro" E,-H ti is not required. Total chan es a roved in revious months b Owner By: Date: Total approved this month,including Construction Change $648.00 This Certificate is not negotiab . The AMOUNT CERTIFIED is p abl only to the Contractor . Directives named herin. Issuance,payment and acceptance of payment are without prejudice to any TOTALS $648.00 $0.00 rights of the Owner or Contractor under this Contract. NET CHANGES IN THE WORK a648.00 CAUTION: You should sign an original AIA Contract Document on which this text appear in RED. An original assures that changes will not be obscured °�s u p e r i o r CONTINUATION PAGE PAGE 2 OF 2 INVOICE NUMBER: 14560 PROJECT: City of Orono Police Dept APPLICATION NO: 3 LOCATION: 2730 Kelley Parkway APPLICATION DATE 1/23/2015 Orono,MN 55356 PERIOD TO: 1/31/2015 PROJECT#: 90447 COST CODE: 9900 (A1 (Bl (�1 (ol IE) (F1 1�1 (Hl (�l 1�1 A;B D+E+F G/C C-G G"J ORIGINAL REVISED WORK COMPLETED STORED TOTAL STORED 5% ITEM DESCRIPTION SCHEDULED CHANGE SCHEDULED PREVIOUS THIS MATERIALS 8 COMPLETED PERCENT BALANCE RETAINAGE NO. OF WORK VALUE ORDERS VALUE APPLICATION APPLICATION (NOT IN D OR E) TO DATE COMPLETE TO FINISH HELD Base Contract Description: Bond 701.00 701.00 701.00 0 701.00 100.00/0 35.05 Labor 17,800.00 17,800.00 13,350.00 4,450.00 17,800.00 100.00% 890.00 Material 3,200.00 3,200.00 3,200.00 3,200.00 100.00% 160.00 Change Order Descriptions: 1 PC0014 648.00 648.00 648.00 648.00 100.00% 32.40 TOTALS 21,701.00 648.00 22,349.00 17,251.00 5,098.00 22,349.00 100.00% 1,117.45 Ofice 7637868787 Fax: 78378�7485 3543 SBth Ave NE�Cirde Pines�MN 55074-4108 www.superiw-ptg.com � �r _ ,� � COUNCIL M�ETING REQUEST FOR COUNCIL ACTION MAR 0 9 2015 DATE: Ma���;F2�����_ ITEM NO: o� 02 Department Approval: Administrator Reviewed: Agenda Section: Name Ron Olson City Administrator's Report Title Finance Directo Item Description: Accept Donation The City has received a donation in the amount of$2,805.00. The donation is for the purchase of a bench, picnic table and bike rack to be installed at Crystal Bay Park. By accepting this donation the City is agreeing to install these amenities at the specified location. Authority for cities to accept donation is granted by Minnesota Statute 465.03 which authorizes Minnesota cities to "accept or devise of real or personal property and maintain such property for the benefit of its citizens in accordance with the terms prescribed by the donor." All donations must be accepted by resolution with a 2/3 vote of the Council. COUNCIL ACTION REQUESTED: Motion to adapt the attached resolution to accept the donation for Crystal Bay Park. s A RESOLUTION ACCEPTING A DONATION FROM GREGG AND DENISE STEINHAFEL FOR USE AT CRYSTAL BAY PARK WHEREAS, The City of Orono is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, Gregg and Denise Steinhafel wish to make a donation of$2,805 to the City; and WHEREAS, the donation will be used to purchase a bench, picnic table and bike rack for Crystal Bay Park; and WHEREAS,The City Council finds that it is appropriate to accept the offered donation. NOW, THEREFORE, BE IT RESOLVED BY the City Council of Orono, Minnesota that the City acknowledges and accepts the donation from Gregg and Denise Steinhafel for purchase of the identified equipment to be installed at Crystal Bay Park. ADOPTED this 9th day of March 2015, by the City Council of the City of Orono, Minnesota. Approved: Lili Tod McMillan, Mayor Attested: Diane Tiegs, City Clerk � -- COG'��"� .���__�. .., , ,+..« � � �, .� M��K (i � 2015 REQUEST FOR COUNCIL ACTION CITY OF ORONO DATE: March 9, 2015 ITEM NO: � Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs� \ City Administrator's Report Title City Clerk Item Description: List of Licenses for Council Approval RESIDENTIAL KENNEL LICENSES 1. Britt&Richard Gage 2180 Abingdon Way � 2. Frank&Melissa Plachecki 3685 N. Shore Dr The residential kennel license applicants have met the requirements and submitted complete applications. Staff recommends approval of the 2015 residential kennel license applications. COUNCIL ACTION REQUESTED: Consider a motion to approve the above listed licenses. ( � �O�O City of Orono FOR CITY USE ONLY P.O.Box 66 Kennel Inspected By:�(,��ij��}�.��C� 2750 Kelley Parkway Crystal Bay,MN 55323 Date Inspected: O�lolp' I S (952)249-4600 � �. �` Recommends: A rov Denial❑ � G� 19'�fSH��� ORONO KENNEL LICENSE APPLICATION Effective January 1, to December 31, Owner: �� �� q tnd �,�C''� �j� � Property Address: � � �� J,n W�t �/� J2p K j"�� (include city and zip) Mailing Address(if different): Phone: (home) (work) RESIDENTIAL KENNEL LICENSE FEE: $50.00 (payment must accompany application) DOGS Current#of dogs owned (over 6 months of age): � M�imum#of dogs to be kept at one time(over 6 months of age): Breed(s): %��.� �� ( ,� Purpose for dogs/cats:e j� �\�`�� Dogs normally kept: j� inside outside v /� Cats normally kept: inside outside ��� O � CATS � � � � Current#of cats owned (over 6 months of age): �, (� Maximum#of cats to be kept at one time (over 6 months of age): ` ��� \ , COMMERCIAL Kennel License Fee: 5150.00 ��� (payment must accompany application) Name of Business: �\� Business Activities: (example: boardin�, breeding,veterinary c�re,retai!, etc.) Normal Business Hours: After Hours Contact: (name) (phone) Dog runs/exercise areas are: inside outside both The undersigned hereby makes application to the Urono City Counci]for a Kennel License as specified on this form;the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision of any City Ordinance or other law or regulation;the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersigned agrees to abide by the requirements of Municipal Code Chapter 62, Article III, Division 3; including any special conditions imposed by the City Council as part of any kennel license appro al. '� � � 2` ! Applic Date DATE TIME CITY OF ORONO cnLLED IN J2 ------- INSPECTION NOTiCE SCHEDULED ------ PERMR NO. COMPLET�D ' -IS �5�+4 ADDRESS a � � �� n � OWNER �/7� �r �`-���'��LEPHONE NO. � � � 7 CONTRACTOR � � DESCRIPTION ���f �� � W ❑ F00T1NG ❑ PLUMBING FINAL ❑ EXCAV/GRADINCa/FILLING � ❑ POURED WALL ❑ MECHANICAL RI ❑ IAKESHOREMiETLANDS y ❑ FRAMING ❑ MECHANICAL FINAL 0 TREE REMOVAL Z p INSULATION ❑ WOO�BURNERIFlREPLACE ❑ SITE INSPECTION Q ❑ RADON SLAB 0 WATER HOOK-UP ❑ PROGRESS � O FINAL ❑ SEWER HOOK-UP ❑ COMPUUN�T v ❑ DEMO-SITE 0 SEPTIC MAINT. ❑ FOLLOW-UP _ ❑ DEMO-FINAL ❑ SEPTIC INSTALL ❑ HARD COVER REMOVAL J ❑ PLUMBING RI O SEPTIC FINAL ❑ FOUNbATION/REMOVAL 2 OWNERICONTRACTOR TO MEEf YOU:_YES_NO y COMMENTS: W \ A��•�1 - Q �eC t�YY9rf1�Qt�C j l�l r �c-�..�c !�.�.a,,l � � , � S5 O W � Q � W � � ��r,p �' IS - 1`�ytp � � O VYORit SATISFACTORY:PROCEED ❑PRW ECT COMPLEfE ❑CORRECT WORK 3 PFlOCEED ❑ISSUE CERTIFiCATE OF OCCUPANCY OO CORRECT WORK,CAIL FOR REtNSPECTION TEMPORARY V BEFORECdVERING PEAMANENT tJ CORRECTUNSAFECONDITIONWITHIN HOURS. p pHOTOTAKEN INSPECTOR W1LL RETIJRN p�7ATION ISSUED ❑STOP ORDER POSTED.C/►LL iNSPECTOR ❑INSPECTION REQUIRED.CAU-TO ARRANGE ACCESS. Call for the next insPection 24 hours in advance. {952) 249-4600 OwnerfContractor �e: � Inspe�tor:_ White CoPYN^�Mra FI� Cansry CoPYfSite Notkx � ` �l1�O City of Orono FOR CI Y E ONL /'`� � P.O.Box 66 r� 2750 Kelley Parkway Kennel Inspected By: ��_ �.`(��,��,}��s• , Crystal Bay,MN 55323 � �/a��� � � (952)249-4600 Date Ins cted� �'�n G� Recommends: A roval pen�al� ���65 H dR� ORONO KENNEL LICENSE APPLICATION Effective January 1, to December 31, Owner: �j Property Address:��r,��r—� �.� �� �� jJ G1'l/ v (mclude ciTy and zip) Mailing Address (if different): ����/ Phone: (home)�� i/��� � (,� h (work) RESIDENTIAL KENNEL LICENSE FE . $50.00 �,`" (payment must accompany application) � DOGS �, Current#of dogs owned (over 6 months of age): � � l�k-a,/ Maximum#of dogs to be kept at one time(over 6 months of age): �� Breed(s). � s P��G`�9'e�� � ��—�/�% �-�'6 � � � Purpose for dogs/cats: � �� Dogs normally kept: }� in i t ide ` Cats normally kept: t� inside outside � CATS Current#of cats owned (over 6 months of age): 1 �' Maximum# of cats to be kept at one time (over 6 months.of age): � COMMERCIAL Kennel License Fee: $150.00 V `� (payment must accompany application) Name of Business: �/� Business Activities: � (Cxampie: bearding, nreeding,veterinary care,retail,etc.) Z Normal Business Hours: After Hours Contact: (name) (phone) � Dog runs/exercise areas are: inside outside both �1' . The undersigned hereby makes application to the Orono City Council for a Kennel License as specified on this form; the undersigned acknowledges that a kennel license is permissive only and does not grant any authority to violate any provision ofany City Ordinance or other law or regulation;the undersigned hereby grants the City permission to inspect the premises prior to license approval and at any other reasonable time during the license duration; and the undersi agrees to abide by the requirements of Municipal Code Chapter 62,Article III, Division 3; includin any special conditions imposed by the CiTy Council as part of any kennel license approval. 1 `Z -- - Applicant Date . , . , � w� DATE TIME CITY OF ORONO caL�D IN � INSPECTION NOTICE SCHEDULED —�--�� , PERMIT NO. COMPLETED ^��0/!S ' ADDRESS 3 � � I/101�'e OWNER TELEPHONE NO.Q5a-��7a`�� i CONTRACTOR � � � DESCRIPTION ���P r �I�� ; � � FOOTING ❑ PLUMBING FINAL ❑ EXCqV/GRADING/FIWNG � � O POURED WALL ❑ I�CHANICAL RI ❑ Vql(�SHrcNiEryyERANDS ❑ FRAMING p A�CHANICAL FINAL ❑ TREE AEMOVAL � Z � INSULATION D WO00 BURNEWFlREPLACE O SI7'E INSP�CTION i Q ❑ RADON SLAB ❑ WATER HOOK-UP ❑ PROCaRESS {�Z. O FINAL ❑ SEWER HOOK-UP ❑ �P�� =v ❑ DEMO-SITE O SEPTIC MAINT. � FpLLpyy-Up � O DEMO-FlNAL 0 SEPTIC INSTALL � NARD COVER REMOVAL i v ❑ PLUMBING RI O SEPTIC FINAL � ��pq�pwq�pyq� Z OWNERICOI�ITRACTOR TO MEET YOU:_1fE8_NO I � COMMENTS: � � R -���,��.�� ���,�.1 - � � � �e �� �,�,�,�,.� c�.��.-a-�� c�,�� � � ► , o ; W � aC � Q � � � W � � ; �tprp '�°` �S — �''! �-1 � ; a ' W� O WOF�K SATISFACTORY`.PROCE� �PR�JECT COMPLETE � W ❑CORRECT WORK 3 PROCEED ❑ISSUE CERTIFlCATE OF OCCUPqNCY ; 0 ❑COFiRECT 1NORK,CAIL FOR REINSPECTION TEMPORARY �j BEFORE COMEF�NG PERMtANENT � ❑CORRECTUNSAFECONDITIONWITHIN HOURS. p pHpTOTAKEN lNSPECTOR WILL RETURN ❑STOP ORDER P03TED.CJ1LL INSPECTOR ❑CITATION ISSUED ❑INSPECTION RK]UIRED.CALLTOARRAN(iE ACCESS_ � � Call for tl�e next inspection 24 hours in advanoe. (952) 249-4600 ; on site: ' in��: �-J � YYhite CoPYM�s�s Fik C�nary Copp/Sils NoMos i � COUNCIL M�EI'ING REQUEST FOR COUNCIL ACTION MAR 0 9 2015 DATE: March 9, �'}�p�ORONO ITEM NO: oZ,.3 Department Approval: Administrator Reviewed: Agenda Section: Name Diane Tiegs k City Administrator's Report Title City Clerk � Item Description: One Day Gambling Permit The City of Orono received a Gambling Permit Application from the Orono Baseball Association. The annual raffle will be held on May 2, 2015. Staff recommends approval as the applicant has met the requirements and submitted a complete application. COUNCIL ACTION REQUESTED Consider a motion to approve the attached resolution of the One Day Gambling Permit. A RESOLUTION APPROVING THE MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPT PERMIT OF THE ORONO BASEBALL ASSOCIATION FOR A ONE DAY GAMBLING ACTIVITY WHEREAS,the Orono Baseball Association has submitted an application to conduct lawful gambling activities; and WHEREAS,the Orono Baseball Association has proposed to conduct a one day gambling activity(raffle) as part of its fundraising activities at the Orono High School on Saturday, May 2, 2015; and WHEREAS,the Orono Baseball Association is required to obtain approval of the one day gambling activity from the city in which the activity will occur; and WHEREAS,the City of Orono has no objection to the conduct of lawful gambling by the applicant, in accordance with law, at the designated location, NOW,THEREFORE,BE IT RESOLVED,that the Orono City Council does hereby approve the application of the Orono Baseball Association to conduct a one day gambling activity(raffle) at the Orono High School Varsity Baseball Field, 685 Old Crystal Bay Road N., on May 2, 2015. Adopted at a regular meeting of the Orono City Council this 9th day of March, 2015. ATTEST: Lili McMillan, Mayor Diane, City Clerk Page 1 of 1 �� , . - _. Fee: 10.00 i ���� � Date Received: �./� s/ i� ; Receipt#: ; , � .�;�� ;r � c , �`.;t���„���� City of Orono � Application for Gambling Activity } ; � Type of Permit T��pe of Gambling Acti�zty ' • Premises Renewal • Bingo ' Effective Dates: � Paddlewheels ' • Pull-Tabs j • One-Day Lawful Cambijng Exempt . Ra�pg_�; ? � _�-- s Effective Date: �-a-/� . Tipboards ; Name of Event:� � E Organization: ��n�j� (��¢t��.(,L jq������ 4 Address: .d, 3 �' RPL' 1� ntin� ",3 ; Phone: v- � • , -„ � { , i Applicant: __ �kSS� /��i�'�t9''�LL- ; Affiliation with Organization: C'Qq�jj,U� ���� ` Address: �GG� Ga[ i r.r►�, LN LOaa,. LA�K� /�N �-S'3 s�. ` Phone: l�/.�- 9'1P1� D'"I � ` Email: �s5� C'N�P6�[.� � kUT/��'L •�Q�'�i � Establishment Where Gambling will be Conducted: /ZI�Fff(.� Address• �lfk Property Owner: Np- Gamblin Mana er:_ S� �.' � g g � L Yiuu� r"H�9Pi4i� � (firsq (middle) Qast) E Phone: �i�- °Il0- tJ�7,�� Name/Descnpt�on of Event:__��C� a Day(s)of Operation:_ guN- �� , Hours of Operation: OAt�Y Required Submittats: • Copy of permit application from the Minnesota State Gambling C�ntrol Board � • Sketch plan of area being leased for gambling activity The Orono Chief of Police shal]have 30 days in which to investigate and make a recommendation. The undersigned applicant hereby agrees to the conditions quoted in Section 38-31 of the Orono Ciry Code and any additional City staff requirements. Signature of applic�nL•—� Date: _�.3 ��j l� For Office Use Only RevieH by Administrat�on: � Approved ❑ Denied ❑ NA By: c_ Date. �1���=� Re�iew by Policc Dcpartment: O Approved ❑ Denied ❑ NA By: Da•e; 2750 KeUey Parkway,P.O.Box 66,Crystal Bay,MN 55323 Phone: 952-249-4600/Fax: 952-249-4616/www.ci.orono.mn.us � ` �l1ViV�.i�� '•,- - M�� �� 201� REQUEST FOR COUNCIL ACTION C1TY pf ORONO Date: March 9, 2015 Item No. a,�, Department Approval• Administrator Approval: Agenda Section: Name:Ron Olson Q,� City Administrator's Title: Finance Director Report � Item Description: ClaimsBills The attached claims for payment have been received by the City. Staff has reviewed the claims and is recommending approval of the listing for payment. The claims will be paid by checks 102309 to 102396, totaling $423,273.77. Noteworthy payments include: This is payment number one for the 2014 Instuform $176,770.21 Sanitary Sewer Rehab Project. Total contract a ments will be $243,189.70 Monthly payment to the MCES for Met Council Environmental Svs $ 40,608.92 wastewater processing. The total annual charge for 2015 is $487,307. This is the lar est line item in the Sewer budget. COUNCIL ACTION REQUESTED Motion to approve payment of the claims list as presented. City of Orono Check Register-COUNCIL REPORT pa9e. � Check Issue Dates 2/24/2015-3!9/2015 Mar O5,2015 03:39PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount A 1 RENTAL 03/09/2015 102309 106909 602�9450-406 pontoon trailer rental Sewe� 4�04 Total 102309: 41.04 ACCURINT 03/09/2015 102310 1297291-201 101-42110-311 Jan contract fee Police Department 115 00 Total 102310: 115.00 ACOUSTICS ASSOCIATES INC 03/09/2015 102311 1 437-48970-520 Police garage project RFP#6 8,265.00 Total 102311. 8,265.00 ADVANCED IMAGING SOLUTIO 03/09/2015 102312 273236224 101-41900�13 copier lease 2/20 to 3/20 CenVal Services 1,284 00 Total 102312• 1,284.00 ALL STAR ELECTRIC 03/09/2015 102313 1334 601-49400-403 repairs water plant Water 327 00 Total 102313. 327 00 BLUE CROSS BLUE SHIELD OF 03/09/2015 102314 22315 701-21706 Health insurance 38,021.82 BLUE CROSS BLUE SHIELD OF 03l09/2015 102314 22315 101-15998 Cobra 23,002 02 BLUE CROSS BLUE SHIELD OF 03/09/2015 102314 22315 101-42110-135 Disabdity continuation Police Department 583.98 Total 102314: 61,607.82 BOLTON&MENK INC. 03/09/2015 102315 174995 101-43170-304 GPS Update Engineenng 110.00 BOLTON 8 MENK INC. 03J09/2015 102315 174996 602-16500 Green Tree Rd sewer 175 00 BOLTON&MENK INC. 03/09/2015 102315 174997 408-48800-590 NavaRe lighting 72.50 BOLTON&MENK INC. 03/09/2015 102315 174998 101-43280-304 2014-01358 4680 North Shore Special Services 52.00 BOLTON&MENK INC 03/09/2015 102315 174999 101-43280-304 15-3716 3850 Watertown Rd Specaal Services 52.00 BOLTON&MENK INC. 03/08/2015 102315 175000 101-43280-304 14-3691 Lakeview Special Services 104.00 BOLTON&MENK INC. 03/09/2015 102315 175001 602-16500 CIPP rehab and manhole lining 105 00 BOLTON&MENK INC 03/09/2015 102315 175002 801-16500 North system well 2,784.00 BOLTON 8 MENK INC 03/09/2015 102315 175003 601-18500 Well houseMlTP improvement 1,998.02 BOLTON&MENK INC. 03/09/2015 102315 175004 651-49910-304 MS4 Admin Storm Water 104 00 BOLTON&MENK INC 03/09/2015 102315 175005 402-4805&304 Watertown Rd imp Watertown Road 4,545.00 BOLTON&MENK INC. 03/09/2015 102315 175006 101-43170-304 Baidur Park Rd Engineering 435 00 BOLTON&MENK INC 03/09/2015 102315 175131 101-42400-304 B&Z suppoR Building&Zoning 104.00 BOLTON&MENK INC. 03/09/2015 102315 175131 101-43170-304 2015 project status Engineering �gp.pp City of Orono Check Register-COUNCII REPORT Page 2 Check Issue Dates:2/24/2015-3/9/2015 Mar 05,2015 0339PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount Total 102315 10,820 52 BRIMEYER FURSMAN LLC 03/09/2015 102316 404 101-41300�37 training J.Loftus Administration 100.00 Total 102316 100.00 BUDGET PRINTING 03/09Y1015 102317 7189 602-49450-201 septic forms Sewer 71 7g Total 102317. 71.79 CARDMEMBER SERVICE 03/09/2015 102318 CF20515 101�2110-201 supplies-Amazo� Police Department 10.95 CARDMEMBER SERVICE 03/09/2015 102318 CF21815 101-42110-201 framing of pnnt Michaels Police Department 210 82 CARDMEMBER SERVICE 03l09/2015 102318 CF21915 101-42110-201 hames for awards banquet Michaels Police Department 12.86 CARDMEMBER SERVICE 03/09/2015 102318 CF22415 101-42110-402 SL swipes for squads-Provantage Police Department 171 10 CARDMEMBER SERVICE 03/09l2015 102318 JL12115 101-42400-437 B&Z books Budding&Zon�ng 373.00 CARDMEMBER SERVICE 03l09/2015 102318 JL129156 101�1900-352 Career Builder Help Wanted Ad-Dev Director Central Services 419.00 CARDMEMBER SERVICE 03/09/2015 102318 JL129156 101-41900-352 Craigslist Help Wanted Ad-Dev Director Central Services 50.00 CARDMEMBER SERVICE 03/09/2015 102318 JL22315 101-41110-439 food for work session Jimmy John's Mayor 8 CounGl 72 91 CARDMEMBER SERVICE 03/09/2015 102318 R020915 101�3000-221 supplies Discount Steel Public Works Department 111.45 CARDMEMBER SERVICE 03/09/2015 102318 R021215 101-41900-201 supplies-Amazon Central Services 25.48 CARDMEMBER SERVICE 03/09/2015 102318 R030215 101-41500-433 MNGFOA membership R.Olson Finance Department 60.00 Total 102318 1,517 57 CDW GOVERNMENT 03/09/2015 102319 SN59192 437�8970-560 wireless conVoller 1,947 50 CDW GOVERNMENT 03/09/2015 102319 SN65505 437�8970-560 wireless access points 2,990.00 CDW GOVERNMENT 03/09/2015 102319 SR98816 437-48970-560 network tranceivers 995.00 Total 102319 5,932.50 CENTURY LINK 03/09/2015 102320 21915 101-45210-321 GC phone/dsl Golf Course 151 47 Total 102320 151.47 CHAD STENSRUD 02/26/2015 99595 120213 101-42110-437 reimb lunch training PoliCe Department 11.25- Total 99595 11.25- CHAD STENSRUD 02/26/2015 99872 12214 101-42110331 reimb parking Police Department 13.00- City of Orono Check Register-COUNCIL REPORT Page. 3 Check Issue Dates�2/24/2015-3/9/2015 Mar 05,2015 0339PM Check Check Invoice Invoice GL Account DescnpUon Department invoice Payee Issue Date Number Number Amount Total 99872. 13.00- CHAD STENSRUD 02/26/2015 102296 120213 101-42110-437 reimb lunch training Police Department 11 25 CHAD STENSRUD 02/26/2015 102296 12214 101-42110-331 reimb parking Police Department 13 00 Total 102296: 24 25 CHUNKS LAKESHORE AUTO 03/09/2015 102321 12521 101-42110-402 #237 oil change Police Department 42 74 CHUNKS IAKESHORE AUTO 03/09/2015 102321 12522 101-42110-402 #235 oil change,tire rotation Police Department 7g.9g CHUNKS LAKESHORE AUTO 03/09/2015 102321 12532 101-42110-402 #227 balance tires Police Department 1042g CHUNKS LAKESHORE AUTO 03/09/2015 102321 12539 101-42110-402 #229 oil change,srut arm replacement Police Department 573 98 CHUNKS LAKESHORE AUTO 03/09/2015 102321 12547 101�2110-002 #233 oil change Police Department 42.74 CHUNKS LAKESHORE AUTO 03/09/2015 102321 12549 101-42110-402 #232 oil change Police Department 42 74 CHUNKS LAKESHORE AUTO 03/09/2015 102321 12557 101-42110-402 #224 noise test Police Department 52 15 CHUNKS LAKESHORE AUTO 03/09/2015 102321 12562 101�2110-402 #228 oil change,motor mount replacement Police Department 496 88 Total 102321: 1,435 51 CLIFTON LARSON ALLEN LLP 03f09/2015 102322 979848 101-41900-301 2014 Audit services Central Services 2,975 00 Total 102322 2,975 00 COLONIAL SUPPLEMENTAL IN 03/09/2015 102323 3128642-030 101-21714 STD 3/15 695 51 Total 102323' 695 51 CROW RIVER TOOLS 03/09/2015 102324 3315 101-42110-221 jump pack Police Department 239.99 Total 102324 239.99 CULLIGAN 03/09/2015 102325 13115 101-45210�03 softener exchange service Golf Course 18.99 Total 102325 18 99 CYNTHIA BREMER 02/26/2015 102297 57195 101-19999 Replace check 57195 269 36 Total 102297 269.36 DELANO RENTAL 02/26/2015 90559 60697 101-45200-415 auger rental Parks 129 91- City of Orono Check Register-COUNCIL REPORT Page 4 Check Issue Dates 2/24/2015-3/9/2015 Mar 05,2015 03.39PM Check Check invoice Invoice GL Account Descnption Department invoice Payee Issue Date Number Number Amount . Toha190559 129 91- DELTA DENTAL 03/09/2015 102326 5880568 101-15998 003722072 Mar Cobra 516 30 DELTA DENTAL 03/09/2015 102326 5880568 101-21709 003722072 Mar Dental 1,898.20 Total 102326 2,414 50 DEPUTY REGISTRAR 03/09/2015 102327 30415 101-42110�41 Squad#223 Police Department 163.00 Total 102327 163 00 DPC INDUSTRIES 03/09/2015 102328 827000197-1 601-49400-216 chemicals Water 607.07 DPC INDUSTRIES 03/09/2015 102328 827000198-1 601�9400-216 chemicals Water 572.00 Total 102328 1,179 07 ECM PUBLISHERS INC 03/09/2015 102329 183797 101-41900-352 legal ads Central Services 59.60 ECM PUBLISHERS INC 03/09/2015 102329 183799 101-41900-352 legal ads Central Services 71 52 ECM PUBLISHERS INC 03/09/2015 102329 183800 101�1900-352 legal ads Central Services 77 48 ECM PUBLISHERS INC 03/09/2015 102329 1855854 101�1900-352 legal ads CenUal Services 23.84 ECM PUBLiSHERS INC 03/09/2015 102329 185853 101-41900-352 legal ads Central Services 98 26 ECM PUBLISHERS INC 03/09/2015 102329 190356 101-41900-352 legal ads Central Services 65.56 ECM PUBLISHERS INC 03/09/2015 102329 190357 101�1900-352 legal ads Central Services 83.44 Total 102329 479 70 EGAN 03/09/2015 102330 JC10113903 602-49450-403 LS 28 generator repair Sewer 209 25 Total 102330' 209.25 ELIZABETH HAWN 02/27/2015 92847 081010 101-41410-104 primary election Elections 76.50- Total 92847 76.50- EMERGENCY AUTOMOTNE TE 03/09/2015 102331 AW021215-3 101-43000-222 #431 lights Public Works Department 109.31 Total 102331 109.31 FINANCE AND COMMERCE 03/09/2015 102332 742007802 101-41900-352 street materials bid ad Central Services 82.61 City of Orono Check Register-COUNCIL REPORT Page 5 Check Issue Dates 2/24/2015-3/9/2015 Mar 05,2015 0339PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Total 102332 82 61 FIRST LAB 03/09/2015 102333 00113981 101-41900-489 annual subscription fee Central Services 250.00 Total 102333. 250 00 FREDERICK PETERS 03/09/2015 102334 22315 998-10015 refund overpay of ready to serve 514 69 Total 102334. 514.69 G&K SERVICES 03/09/2015 102335 1006732151 101-43000-221 towels Public Works Department 8 63 G&K SERVICES 03/09/2015 102335 1006732151 101-43000-226 unrform Public Works Department 17 45 G 8 K SERVICES 03/09/2015 102335 1006732151 601-49400-226 urnform Water 17.45 G&K SERVICES 03/09/2015 102335 1006732151 602-49450-226 uniform Sewer 77 45 G&K SERVICES 03/09/2015 102335 1006732151 101-43000-228 uniform Public Works Department 17 43 G&K SERVICES 03/09/2015 102335 1006743536 101-41900-404 mat Central Services 13 92 G&K SERVICES 03/09/2015 102335 1006743536 101-43000.221 towels Public Works Department 8 63 G&K SERVICES 03/09/2015 102335 1006743536 602-49450-226 unrform Sewer 11 70 G&K SERVICES 03/09l2015 102335 1006743536 601-49400-226 uniform Water 11.70 G&K SERVICES 03/09/2015 102335 1006743536 101-43000-226 uniform Public Works Department 23.38 G&K SERVICES 03/09/2015 102335 22315 101-43000-221 towels Public Works Department 8.63 G&K SERVICES 03/09i2015 102335 22315 101�43000.226 uniform Public Works Departrnent 23 39 G&K SERVICES 03/09/2015 102335 22315 601-49400-226 uniforms Water 11.70 G&K SERVICES 03/09/2015 102335 22315 602-49450-226 unrforms Sewer 11.69 Total 102335' 203 15 GENUINE PARTS COMPANY/NA 03/09/2015 102336 261248 101-43000-222 #426 sander repair Public Works Department 19.99 GENUINE PARTS COMPANYiNA 03/o9J2015 102336 261331 101-43000-222 #427 repair parts Public Works Department 88.39 GENUINE PARTS COMPANY/NA 03/09/2015 102338 261549 101-43000-222 #425 belt Public Works Departrnent 11 91 GENUINE PARTS COMPANY/NA 03/09/2015 102336 261839 101-43000-221 supplies Public Works Department 79 90 GENUINE PARTS COMPANY/NA 03/09/2015 102336 262012 101-43000-222 trailer ball Public Works Department 10 99 Total 102336: 211 18 GRAFIX SHOPPE 02/27/2015 98273 86236 101�2110-402 squad graphics Police Department 69 84- Total 98273: 69 84- City of Orono Check Register-COUNCIL REPORT Page 6 Check Issue Dates�2/24/2015-3/9/2015 Mar O5,2015 03�39PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount GRAINGER INC 03/09/2015 102337 1229391863 101-43000-240 supplies Public Works Department 213.80 GRAINGER INC 03/09/2015 102337 1229391863 601�9400-240 supplies Water 82 gg Total 102337 296 69 GRANICUS INC. 03/09/2015 102338 61957 614�9840-329 web streaming Mar-May Cable Franchise 1,647.00 Total 102338. 1,647 00 GREGG PALMER 02/26/2015 102298 83725 101-19999 replace check 83725 52 00 Total 102298 52 00 HENNEPIN COUN7Y SHERIFF 03/09/2015 102339 1000054893 101�1600-309 jail charges Law/Legal Services 225 00 Total 102339: 225 00 HUEIER,GREGORY 02/24/2015 102295 22415 703-49960-379 Sewer backup expene reimbursement 3,926 96 Total 102295� 3,926 96 INSITUFORM 03/09/2015 102340 1 602-16500 2015 Sanrtary Sewer Rehab 186,073 90 INSITUFORM 03/09/2015 102340 1 602-20600 2015 Sanitary Sewer Rehab 9,303 69- Total 102340: 176,770 21 INTEGRA TELECOM 03/09/2015 102341 12776223 101-42110-321 Phone service Police Department 229 42 INTEGRA TELECOM 03/09/2015 102341 12776223 101-41900-321 Pho�e Service CenVal Services 321 19 INTEGRA TELECOM 03I09/2015 102341 12776223 601-49400-321 Phone Service Water 53 53 INTEGRA TELECOM 03/09l2015 102341 12776223 602-49450.321 Phone Service Sewer 160.60 Total 102341' 764.74 IVAN CORAZALLA 03/09/2015 102342 22615 101-45210-095 reimb golf balls Goif Course 106.44 Total 102342. 1�.� JACKIE YOUNG 03/09/2015 102343 30215 101-41300-319 CC meeting 2/09,2/23 Administration 430 00 JACKIE YOUNG 03/09/2015 102343 30215 101�2400-319 PC meeting 2/17 Building&Zornng 165 00 City of Orono Check Register-COUNCIL REPORT Page. 7 Check Issue Dates 2/24/2015-3/9/2015 Mar 05,2015 0339PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount Total 102343: 595.00 JAY DEMBOUSKI 03/09/2015 102344 30215 101-42110-437 reimb for parking Police DepaRment 7 00 Total 102344 7 00 JOHN E REID AND ASSOC INC 03/09/2015 102345 154014 101-42110-437 interview and interrogation training Police Department 420.00 Total 102345 420 00 JUSTIN HIRSCH 03/09/2015 102346 10915 101-43000-226 reimb boots Public Works DepaRment 148 47 Total 102346� 148.47 KELLINGTON CONSTRUCTION I 03/09/2015 102347 6 437-48970-520 Police Garage project RFP#6 1,018 40 Total 102347� 1,018 40 KENNETH N POTTS PA 03/09/2015 102348 21215 231�5650-307 Forfeit 2005 Caravan-Meader 141 90 KENNETH N POTTS PA 03/09/2015 102348 21215 231�5650.307 Forfeit 2003 Mazda-Hubert 450 00 KENNETH N POTTS PA 03/09/2015 102348 30115 101-41600-306 prosecution services Feb Law/Legal Services 3,000.00 Total 102348 3,591 90 KEVIN OLSON 02/26/2015 93836 10212010 101-43000-441 reimb class a license Public Works Department 43.00- Total 93836 43 00- KEVIN OLSON o2/26/2015 102299 10212010 101-43000-441 reimb Gass a license Public Works Department 43.00 KEVIN OLSON OZ/26/2015 102299 56962 101-19999 replace check 56962 67.79 KEVIN OLSON 02/26/2015 102299 86703 101-19998 replace check 86703 2�2 Total 102299 112.91 LAGERSTROM,ED 03/09/2015 102349 30415 101-22205 Escrow refund 2013-01085 2,500 00 Total 102349 2,500.00 LEAGUE OF MN CITIES INS TR 03/03/2015 102304 C0032326 703-49960-379 sewer bakcup deductible 2,500.00 City of Orono Check Register-COUNCIL REPORT Page 8 Check Issue Dates 2/24/2015-3/9/2015 Mar 05,2015 03�39PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee issue Date Number Number Amount Total 102304: 2,500.00 LOGIS 03/09/2015 102350 39552 101-42110-401 CJIS compliance Police Department 49 50 LOGIS 03l09/2015 102350 39585 101�2110-310 poliCe records 1/15 Police Department 5,347 00 LOGIS 03/09/2015 102350 39585 101�1900-310 intemet 1/15 Central Services 387 00 LOGIS 03/09/2015 102350 39657 101�2110-575 System Dev 1/15 Police Department 5,378 00 LOGIS 03/09/2015 102350 39676 101-42110�01 neNvork wellness Police Department 1,046.50 IOGIS 03/09/2015 102350 39676 101�1900-401 network wellness Central Services 1,046.50 LOGIS 03/09/2015 102350 39736 101-42110-416 Websense licensing Police Department 40829 LOGIS 03/09l2015 102350 39736 101-41900�16 Websense licensing Central Services 408.29 LOGIS 03/09/2015 102350 39771 101-42110-401 network maint Police Department 315.00 LOGIS 03/09l2015 102350 39771 101-41900�01 network mamt CenVal Services 210.00 Total 102350 14,596 08 LONG LAKE TRUE VALUE 03/09/2015 102351 6244727 101-43000-221 supplies Public Works Department 90.18 LONG LAKE TRUE VALUE 03/09/2015 102351 6245639 101-43000-222 supplies Public Works Department 34.37 Total 102351 124.55 LSI CORPORATION OF AMERIC 03/09/2015 102352 2 437-48970-520 Police garage project RFP#6 3,019.10 Total 102352 3,019.10 LUBE TECH ESI 03/09/2015 102353 592&44 101�3000-212 truck oil Public Works Department 603 62 Total 102353. 603.62 MANSFIELD OIL COMPANY 03/09/2015 102354 272460 101-43000-212 Diesel Public Works Department 1,119.99 MANSFIELD OIL COMPANY 03/09/2015 102354 272461 101-42110-212 Fuel PD Police Department 2,1g9.04 Total 102354 3,309.03 Mediacom 03/09/2015 102355 22115 101-41900-329 intemet Central Services 243.50 Mediacom 03/09/2015 102355 22115 101-42110-329 intemet Police Department 121 75 Mediacom 03/09/2015 102355 22115 614-49840-329 intemet Cable Franchise 121.75 Total 102355. 487 00 City of Orono Check Register-COUNCIL REPORT Page: 9 Check Issue Dates:2/24/2015-3/9/2015 Mar 05,2015 03�39PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount MEIANIE CURTIS 02/26/2015 102300 85972 101-19999 replace check 85972 4 14 Total 102300 4 14 MET COUNCIL ENVIRONMENTA 03/09/2015 102356 22815 101-20809 Sac 4,970.00 MET COUNCIL ENVIRONMENTA 03/09/2015 102356 22815 101-39610 SAC credit 49.70- Total 102356 4,920 30 MET COUNCIL ENVIRONMENTA 03/09/2015 102357 1041678 602�9450-383 Apr wastewater service Sewer 40,608 92 Total 102357: 40,608.92 MINNEAPOLIS OXYGEN COMP 02/26/2015 90239 04090671 101�2110-221 oxygen Police Department 31 95- Total 90239. 31.95- MINNETONKA PLUMBING INC 03/09/2015 102358 6 437-48970-520 Police Garage pro�ect RFP#6 8,174 75 Total 102358. 8,174.75 MN CHIEFS OF POIICE 03/09/2015 102359 22815 101-42110�37 ETI registration C Fischer Police Department 215 00 Total 102359. 215.00 MN DEPT OF COMMERCE 02/27/2015 102303 2169 101-19999 unclaimed properly 1,639 63 MN DEPT OF COMMERCE 02/27/2015 102303 2169 101�1410.104 unclaimed property Elections 76.50 MN DEPT OF COMMERCE 02/27/2015 102303 2168 101-41300-489 unclaimed property AdmmistraUon 50 00 MN DEPT OF COMMERCE 02/27/2015 102303 2169 999-10015 unclaimed property 6 03 MN DEPT OF COMMERCE 02/27/2015 102303 2169 101-42110-402 unGaimed property Police Department 69.84 MN DEPT OF COMMERCE 02/27/2015 102303 2169 101-32510 undaimed property 31 50 MN DEPT OF COMMERCE 02/27/2015 102303 2169 101�1300�89 unclaimed property Administration 1 00 Total 102303: 1,874 50 MN DEPT OF REVENUE-WIRE 02/27/2015 201300 22015 101-34210 Jan sales tax 2 00 MN DEPT OF REVENUE-WIRE 02/27/2015 201300 22015 601-39610 Jan sales tax 34.00 MN DEPT OF REVENUE-WIRE 02/27/2015 201300 22015 101-37990 Jan sales tax 79 00 City of Orono Check Register-COUNCIL REPORT Page 10 Check Issue Dates 2/24/2015-3/9/2015 Mar O5,2015 03�39PM Check Check Invoice Invoice GL Acxount Description Department Invoice Payee Issue Date Number Number Amount Total 20130054 115 00 MORRIES BODYWORKS 03/09/2015 102360 BSCB309500 101�2110-402 door molding repair Police Department 131.10 MORRIES BODYWORKS 03/09/2015 102360 BSCB313635 101-42110.550 #218 decal removal Police Department 120 00 Total 102360. 251.10 MP TECHNOLOGIES LLC 03/09/2015 102361 5 408-20600 Navarre lighting&sidewalk rehab retainage �7,p4p.pg Total 102361 17,04029 NAVARRE HARDWARE 03/09/2015 102362 282231 101-42110-221 supplies Police Department 30.25 NAVARRE HARDWARE 03/09/2015 102362 282473 601�9400-227 supplies Water 14.99 NAVARRE HARDWARE 03/09/2015 102362 282518 601-49400-227 supplies Water 5 08 NAVARRE HARDWARE 03/09/2015 102362 282567 101-43000-221 supplies Public Wo�lcs Department 47.48 NAVARRE HARDWARE 03/09/2015 102362 282574 101-43000-221 rope Public Works Department 7 99 NAVARREHARDWARE 03/09/2015 102362 282621 601-49400-227 keys Water 398 Total 102362 109 77 NORTHERN STAR COUNCIL 03/09/2015 102363 21715 101�2110-229 Explorer post registratio� Police Department 24 00 Totai 102363 24 00 NYGARD,JAY&KENDALL 02/27/2015 100622 61014 101-41300-489 Easement AdminisVation 1 00- Total 100622 1.00- OFFICE DEPOT 03/09/2015 102364 7545570010 101-42110-201 office supplies Police Department 73.39 OFFICE DEPOT 03/09/2015 102384 7545570720 101-42110-201 office supplies Police Department 17 64 OFFICE DEPOT 03/09/2015 102364 7576215830 101-42110-201 office supplies Police Department 106 43 Total 102364 197.46 OFFICE DEPOT 03/09/2015 102365 7550738210 107-41900-201 office supplies Central Services 193 04 OFFICE DEPOT 03/09/2015 102365 7555244790 101-41900-201 office supplies Central Services 95.05 OFFICE DEPOT 03/09/2015 102365 7555244790 101�1900-201 office supplies Central Services 10.16 OFFICE DEPOT 03/09/2015 102365 7555245250 101-41900-201 office supplies Central Services 4 42 City of Orono Check Register-COUNCIL REPORT Page� 11 Check Issue Dates�2/24/2015-3/9/2015 Mar 05,2015 03�39PM Check Check invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount Total 102365. 302.67 OWENS COMPANIES INC 03/09/2015 102366 61356 601-49400-404 water piant heater repair Water 37.00 Total 102366 37 00 PERRYS TRUCK REPAIR 03/09/2015 102367 16009 231�5650�36 Saturn 115 00 PERRYS TRUCK REPAIR 03/09/2015 102367 16016 231-45650-436 Chev Malib 062-LKN �3�2$ Total 102367 252 28 PETER ZIMMERMAN 03/09/2015 102368 22715 101-41500-331 mileage reimb Finance Departrnent 37 95 Total 102368 37 95 PHILLIP SPANJERS 03/09/2015 102369 112114 101-42110-437 reimb lodging for training Police Department 1 g7 2g Total 102369 197 28 PIRTEK 03/09/2015 102370 S2049466 00 101-43000-222 bobcat repair Public Works Department 217 45 Total 102370 217.45 PLUNKETT S 03/09/2015 102371 4728118 101�2110-404 pest contol Police Department 223.60 Total 102371 223 60 POS PAPER 03/09/2015 102372 20978 101-42110-201 ticket wnter paper Police Department 196 26 Total 102372 19626 POSTMASTER 02/24/2015 102292 22415 101-41900-322 Winter newsletter postage Central Services 650.23 Total 102292: 650 23 PUZAK,FREDERICK 02l27/2015 99054 90313 101-32510 Refund permit fee 2013-00797 31.50- Total 99054. 31 50- C�ty of Orono Check Register-COUNCIL REPORT page �2 Check Issue Dates.2/24/2015-3/9/2015 Mar 05,2015 03:39PM Check Check Invoice invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount QUALITY FLOW SYSTEMS INC 03/09/2015 102373 30154 602-49450-406 LS 21 and 26 repairs Sewer 284.00 Total 102373 284 00 RENNENBOHM,PETER 03/09/2015 102374 30415 101-22205 Escrow refund 14-3694,14-3703 2,500 00 Total 102374: 2,500 00 RTL CONSTRUCTION INC 03/09/2015 102375 6 437�8970-520 Police Garage project RFP#6 7,589 55 Total 102375 7,589 55 SARENPA,NICOLE 02/27/2015 94708 072011 101-41300-489 Photo contest winner AdminisVation 50 00- Total 94708 50 00- SEH 03/09/2015 102376 293976 601-49400-304 Spnnt upgrades Water 4,934.16 Total 102376 4,934 16 SELECTACCOUNT 02/24/2015 102274 20815 101-41900-319 participantfee CentralServices 1,698.00- SELECTACCOUNT 02/24/2015 102274 21915 101-21719 2/19/15FLEX 1,812.94- Total 102274 3,510 94- SELECTACCOUNT 02/24/2015 102293 20815 101-41900-319 participantfee CenValServices 1,698.00 Total 102293 1,698.00 SELECT ACCOUNT 02/24/2015 102294 21915 101-21719 2/19/15 FLEX 1,812 94 Total 102294' �.g�2 gq STAR TRIBUNE 03/09/2015 102377 2015-300953 101-43000-208 2015 subscnption acct 3009532 Public Works Department 169 00 Total 102377• 169 00 STOP TECHLTD 03/09/2015 102378 T005265 101�2110-550 stop stick rack Police Department 430 00 City of Orono Check Register-COUNCIL REPORT Page 13 Check Issue Dates.2/24/2015-3/9l2015 Mar 05,2015 03 39PM Check Check Invoice invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount Total 102378' 430 00 SUBURBAN RATE AUTHORITY 03/09/2015 102379 22515 101-41�10-433 Fvst half inembership assessment Mayor 8 Council 400.00 Total 102379: 400.00 SUMMIT FIRE PROTECTION 03/09/2015 102380 13115 437-48970-520 Police Garage project RFP�16 1,507.41 Total 102380: 1,507.41 SUN LIFE FINANCIAL 03/09/2015 102381 22815 101-15998 Cobra Life Insurance Mar 25 SUN LIFE FINANCIAL 03l09/2015 102381 22815 101-21710 Life Insurance Mar 1,282.45 Total 102381: 1,282.70 SUPERIOR PAINTING &DECOR 03/09/2015 102382 3 437-48970-520 Police Garage project RFP#6 4,843.10 Total 102382: 4,843.10 SUSAN SCHULTZ 02/28/2015 102301 85142 101-19999 replace check 85142 34 21 Total 102301 3421 TACTICAL SOIUTIONS 03/09/2015 102383 4758 101�2110-319 certifcation of radar units Police Department 408.00 Total 102383. 408.00 THE HOME DEPOT 03/09/2015 102384 2808012557 101�3000-221 storage shelves Public Works Departrnent 202.75 Total 102384. 202.75 THE SIGN AGE INC 03/09/2015 102385 30205 101�2110-352 business cards Police Department 270.00 THE SIGN AGE INC 03/09/2015 102385 30240 101-42110-352 business cards Police Department 75.00 Total 102385. 345.00 TIM SONNEK 02/26/2015 102302 86716 101-19999 replace check 86716 19.27 City of Orono Check Register-COUNCIL REPORT Page 14 Check Issue Dates 2/24/2015-3/9/2015 Mar 05,2015 03�39PM Check Check Invoice Invoice GL Account Descnption Department Invoice Payee Issue Date Number Number Amount Total 102302 19 27 TOLL GAS&WELDING SUPPLY 03/09/2015 102386 127931386 101-43000-221 welding supplies Pubtic Works Department 57.84 Total 102386 57.84 TONY WHITE 03/09/2015 102387 21615 101�2110-226 clothing reimb Police Department 86 77 Total 102387. gg�� TROPHIES BY LINDA 03/09/2015 102388 29200 101�2110-240 plates Police Department 30 00 Total 102388 30 00 UNIVERSITY OF MINNESOTA-C 03/09/2015 102389 1364576 101-43000-437 tree inspector cert�ication T.Amundsen Public Wo�lcs Department 185.00 Total 102389 185.00 VANGUARD CLEANING SYSTE 03/09/2015 102390 36634 101-41900-407 Janrtonal service Central Services 1,435 50 VANGUARD CLEANING SYSTE 03/0912015 102390 36634 101-42110-407 Janitorial servicz Police Department 1,039 50 Total 102390 2,475.00 VERIZON WIRELESS 03/09/2015 102391 9740095556 101-42110-321 2/07 to 3/06 Police Department 1,468.34 VERIZON WIRELESS 03/09/2015 102391 9740095556 101-41900-321 2/07 to 3/06 Central Services 111.66 VERIZON WIRELESS 03/09/2015 102391 9740095556 101-45210-321 2/07 to 3/O6 Golf Course 30.20 VERIZON WIRELESS 03/09/2015 102391 9740095556 601-49400-321 2/07 to 3/O6 Water 61 66 VERIZON WIRELESS 03/09/2015 102391 9740095556 602-49450-321 2/07 to 3/O6 Sewer 61 66 Total 102391 1,733 52 VICKERMAN,DAVID 03/09/2015 102392 21915 999-10015 refund overpay of utUity bill 250.00 Total 102392. 250.00 VINTAGE WASTE SYSTEMS IN 03J09/2015 102393 22415 101-41900-404 Feb Service CenUal Services 205.00 Total 102393 205.00 City of Orono Check Register-COUNCIL REPORT Page 15 Check issue Dates 2/24/2015-3/9/2015 Mar 05,2015 03 39PM Check Check Invoice Invoice GL Account Description Department Invoice Payee Issue Date Number Number Amount Wddman,Jared 0?J27/2015 94978 090811 999-10015 utility refund 6.03- Total 94978 6.03- WILLIAMS TOWING 02/26/2015 97588 124046 231�5650-436 12-7271 2007 Yamaha 165.08- WILLIAMS TOWING OZ/26/2015 97588 124350 231-45650-436 12-7976 2010 Land Rover 165.08- WILLIAMS TOWING 02/26/2015 97588 124539 231-45650-436 12-8817 2008 Trailblazer 165.0& WILLIAMS TOWING 02/26/2015 97588 6493789 231-45650�36 12-8040 1996 Beretta 165 08- Total 97588: 660 32- WILLIAMS TOWING 03/09/2015 102394 132751 231-45650-436 2003 Mustang 571 KTZ 175.00 Total 102394. 175 00 WINDSTREAM 03/09/2015 102395 58192745 601-49400-321 water plant phone Water 64 96 Total 102395: 64.96 Xcel Energy 03/09/2015 102396 CCCMF0212 101-42110-311 subscriber information Police Department 5 00 Total 102396: 5 00 Grand Totals: 423,273 77